New Chairman for Scottish Land & Estates

Scottish Land and Estates (SLE), the grouse moor owners’ lobby group (amongst other things) has announced its new Chairman will be sporting estate owner Mark Tennant.

Mark will begin his new role in April 2020 when the current Chair, Lord David Johnstone, steps down.

We don’t know much about Mark other than what SLE has written in its announcement (here) but let’s be honest, he’s not exactly got big shoes to fill. His predecessor, ‘Dumfriesshire Dave’ has spent the last five years pretending everything’s fine and suggesting there’s really no need to do anything about the illegal killing of raptors on grouse moors because it’s no longer an issue, it’s mostly just the RSPB trying to smear the good name of the industry and/or ‘activists’ trying to ‘set up’ law-abiding estates. (E.g. see here, here, here, here, here). Talk about dial ‘D’ for denial.

It’s hard to think of a single example where Dumfriesshire Dave has inspired any confidence in the industry’s willingness, let alone ability, to clean up its act, so Mark Tennant has a bit of an open goal to get off to a good start, should he choose to take it.

According to the SLE announcement, Mark will be working ‘to help fight climate change’. Excellent. Can we expect all SLE-member grouse moor owners to commit to stopping their routine heather burning regimes, including on deep peat, in the interests of addressing the climate emergency?

What we do know about Mark, from the SLE announcement, is that his ‘family business Innes Estate in Elgin has been a member of SLE for over 40 years‘. That’s really interesting. So SLE didn’t expel the estate when the then head gamekeeper was convicted in 2007 for poisons and firearms offences, then? NOTE: there is no suggestion that those historical offences were part of a wider pattern of continued wildlife crime on the estate – as far as we are aware there are no further reports of alleged offences at this estate – we’re just interested at SLE’s apparent lack of action in response to wildlife crime.

Speaking of which, here’s something Mark could sort out for us. We’re still waiting to hear from SLE whether the Longformacus Estate (the location of a catalogue of horrific and violent wildlife crimes for which a gamekeeper was recently convicted) was, and if so still is, a member of Scottish Land & Estates? We asked SLE this specific question in August, after the Crown Office chose not to pursue a prosecution for alleged vicarious liability and SLE had until then avoided commenting on the estate’s membership status. We had a quick response from the Membership Department who told us, ‘I have forwarded on your email to our Senior Management Team who will respond in due course‘. Needless to say, silence since then.

Over to you, Mark. Was/is Longformacus Estate a member of Scottish Land & Estates?

Gamekeepers caught with banned poisons should receive mandatory jail sentence

Yesterday the Scottish Rural Affairs & Environment Minister, Mairi Gougeon, gave evidence to the cross-party Environment, Climate Change & Land Reform (ECCLR) committee which is currently considering Stage 1 of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill.

We’ll come back to the wider evidence session in another blog because there were some interesting and important discussions but one point raised deserves an immediate reaction:

Possession of banned poisons.

Here’s the mini transcript:

ECCLR Committee Member Rachael Hamilton MSP: I will go back to the categorisation of wildlife offences and the different tiers of the penalty system. We heard evidence that perhaps possession of illegal pesticides should be categorised as a tier 1 offence, because they are currently illegal anyway. Do you have any comments on that point and do you have any plans to have an amnesty on illegal pesticides prior to the bill being passed? People should not possess illegal pesticides anyway, so using them in connection with animal crimes should attract the highest and severest category of penalty.

Environment Minister Mairi Gougeon: That has been the feeling behind that issue. As you said, possession of such pesticides is already illegal and there are offences in place to deal with that individual issue separately. Using such pesticides as part of another offence would attract the higher penalty. As they are already illegal and there are offences attached to them, using them in relation to any other offences could well attract severe penalties.

In relation to your amnesty point, I would be happy to consider looking at the matter.

Scottish Government Wildlife Management Team leader Leia Fitzgerald: Just to clarify, there was a previous amnesty, which was quite successful and resulted in a lot of pesticides being handed in. We could speak to stakeholders about whether that is something that could be done again. We would hope that we got all of what we needed after the last amnesty, but we can look at the matter.

Environment Minister Mairi Gougeon: I will happily get back to the committee and let you know how we get on with that.

ENDS

Is the Scottish Government seriously considering yet another amnesty for banned poisons, which would be the third amnesty in the 15 years since it became an offence to even possess these deadly toxins, let alone use them? (The Possession of Pesticides (Scotland) Order 2005).

The first amnesty took place in 2011 (see here), six years after the ban was first introduced. The second amnesty came four years later in 2015 (see here).

Since then poisoning crimes have certainly dropped in Scotland, probably thanks to the increase in satellite-tagged raptors, whose tags lead researchers to the poisoned corpses that would otherwise remain undetected, and also due to the introduction of vicarious liability legislation in 2012 which made it possible for landowners to be prosecuted for raptor persecution crimes committed by their gamekeeper employees. However, these poisoning crimes haven’t been totally eradicated and we’re still reading reports about illegally-poisoned birds (and some dogs) that have died after ingesting banned poisons in Scotland including some that were killed this year, and some even inside the Cairngorms National Park (e.g. see here, here, here, here, here, here, here, here, here, here, here, here).

[An illegally-poisoned buzzard found on the boundary of a sporting estate in Perthshire. Contributed photo]

How many more chances is the Scottish Government planning on giving to these criminals? How many more get-out-of-jail-free cards will be dished out?

Why can’t the Scottish Government, 15 years on, implement a zero tolerance policy on this vile and primitive crime that not only risks the lives of wildlife and domestic animals but puts humans at risk as well? In the most recent criminal case, a Scottish gamekeeper was found with two cartons containing the banned poison Carbofuran. He was carrying one of these containers in his bum bag – presumably he wasn’t just taking the container out for company every day – and yet 180 schoolchildren were put at risk when they attended the grouse shooting estate on an officially-sanctioned school trip. Can you believe that? The gamekeeper was convicted for possession (along with a litany of other wildlife offences) and received a community payback order. No fine, no jail sentence, no deterrent whatsoever. Compare and contrast to how illegal poisoners are dealt with in Spain (see here, here and here).

The criminals who persist with such reckless activity in Scotland deserve a mandatory custodial sentence – there can be no more excuses, no more discussion and certainly no more amnesties.

Enough.

Raptor persecution in Northern Ireland: ten year review and new strategies to tackle these crimes

Press release from the Partnership for Action Against Wildlife Crime Northern Ireland (PAW NI):

Birds of prey to be safeguarded by new technology

Satellite tracking devices are to be fitted onto birds of prey and nesting site surveillance installed, in the latest fight against wildlife crime.

‘Hawk-Eyes’, an advanced technology project, is being launched by the Partnership for Action Against Wildlife Crime Northern Ireland (PAW NI), alongside their ‘10 Years of Persecution’ Report.

The report reveals that from 2009-18, there were a total of 72 incidents of confirmed raptor persecution in Northern Ireland, resulting in the death or injury of 66 birds of prey and the destruction of two nesting sites.

Department of Agriculture, Environment and Rural Affairs (DAERA) Wildlife Officer Dr Jon Lees said buzzards and red kites are amongst the most common victims of persecution: “Sadly, a small proportion of our population still seem to think it’s ok to destroy these magnificent birds at the expense of the environment and the rest of the community.

“Raptors such as buzzards, red kites, peregrine falcons and Sparrowhawks, have been illegally targeted right across Northern Ireland to such an extent some areas are at risk of losing their natural top predators,” explained Dr Lees.

“The methods these criminals use, such as poisoned bait, are often highly dangerous, putting livestock, pets and people at risk. These offenders care little for people’s safety. We rely heavily on the vigilance of the public to report these crimes and any evidence to the police or Crimestoppers,” Dr Lees added.

The “Hawk-Eyes” project, is funded and supported by the Department of Justice, – Assets Recovery Community Scheme (ARCS) and run through PAW NI, which brings together government Departments, PSNI and other enforcement agencies, environmental organisations, animal welfare groups and country sports associations with the common goal of combating wildlife crime through publicity, education and campaigning.

Some of the birds’ tracking information will be publicly available on the project website at http://wildlifecrimeni-hawkeyes.com, which will allow people to help protect these special birds by reporting such crimes.

PAW NI encourages people across Northern Ireland to be vigilant. If anyone sees or knows of any wildlife crime, report it to the PSNI by calling 101 or, in an emergency, 999. Crime can be reported anonymously to Crimestoppers on 0800 555 111.

ENDS

The ten year review report (2009-2018) can be downloaded here: PAW NI Raptor Persecution Report 2009 – 2018

The use of technology (nest cameras and satellite tags) in the Hawk Eyes project is very interesting, especially as it’s being funded by the Department of Justice’s Assets Recovery Community Scheme, where proceeds of crimes are distributed to help community projects. It would be great to see this approach repeated in England, Scotland and Wales.

Of most interest to us is that these tags are being deployed primarily to aid the detection of wildlife crime. Typically, up until now the main reason for deploying satellite tags has been as part of an ecological research project – the subsequent detection of wildlife crime hotspots (through the discovery of poisoned/shot/trapped sat tagged birds or the suspicious disappearance of tagged birds) has been a by-product of that research and not its primary aim. This is a very clear change of approach from the PAW NI and its also very pleasing to see that the police are key partners in it. Good stuff.

Will the use of satellite tag technology help to identify the criminals as well as the hotspots? Quite possibly. It doesn’t work in England, Scotland or Wales where there are large game shooting estates and where evidence can be quickly destroyed with relative ease (no witnesses around and thousands of acres in which to hide corpses/tags) and where multiple gamekeepers can hide in the crowd (a prosecution isn’t possible unless an individual suspect is identified) but the situation in Northern Ireland is quite different.

Raptor killing in Northern Ireland isn’t such an ‘organised crime’ as it is in the rest of the UK because there are very few large game shooting estates. It seems to be more localised and opportunistic in Northern Ireland, so the perpetrators aren’t so clued up on how to avoid detection. The deterrent effect of simply knowing that these birds might be tagged may also be significant in Northern Ireland because the raptor killers there won’t have wealthy employers prepared to fork out thousands of pounds for legal defence as they do on the game shooting estates in England and Scotland. The risk of getting caught and being afraid of the consequences might just do the trick in Northern Ireland.

Well done and good luck to the PAW NI team – a lot of people will be watching this project with interest.

No vicarious liability prosecution for Longformacus Estate

Ten days ago Scottish gamekeeper Alan Wilson was sentenced for a catalogue of wildlife crime offences, including possession of the banned poison Carbofuran and the shooting of protected raptors, badgers and an otter on the Longformacus Estate in the Scottish Borders (see here).

[Criminal gamekeeper Alan Wilson, photo by Daily Record]

Very early on in this case we were aware that two individuals had been charged in relation to the crimes uncovered at Longformacus Estate (see here) and it was rumoured that the second man was facing a charge of alleged vicarious liability for Wilson’s crimes, although we were unable to verify this.

As a quick re-cap, vicarious liability was a measure introduced by the Scottish Government on 1 January 2012 as a direct and specific response to ongoing illegal raptor persecution, whereby somebody (e.g. a landowner or a sporting agent) may be held responsible for the criminal actions of an employee – see here for a more detailed explanation.

Following Wilson’s conviction and then subsequent sentencing earlier this month, we were keen to find out whether the Crown Office was now pursuing a charge of alleged vicarious liability against any individual associated with the management of Longformacus Estate. Last week we wrote to the Crown Office for clarification and this is the response received yesterday:

So, here we are yet again.

No prosecution for anyone associated with the management of Longformacus Estate where gamekeeper Alan Wilson was able to commit crime after crime after crime after crime, apparently without his boss(es) noticing.

For a defence of a charge of alleged vicarious liability, the gamekeeper’s boss(es) would need to show that (a) s/he/they did not know the offence was being committed; AND (b) that s/he/they took all reasonable steps AND exercised all due diligence to prevent the offence(s) being committed. Without knowing the full facts and circumstances of this case it is impossible for us to judge whether the Crown Office’s decision not to pursue a charge was sensible, but it has to be said that given the extent and duration of Wilson’s criminal activities, it would have been very interesting indeed to have heard his bosses’ interpretation and explanation of ‘all due diligence’.

We’ll probably never know why the Crown Office chose not to proceed – it is under no obligation to offer any explanation to the public. However, this latest decision really shouldn’t come as any surprise to anybody – remember, this is the same Crown Office that dropped five prosecutions for alleged raptor persecution in quick succession in 2017 (see here), even including several cases where RSPB video footage had captured the crimes on camera! Those decisions not to proceed with prosecutions hailed the start of what has now become complete exasperation at the authorities’ failure to take on many cases linked to wildlife crime on game-shooting estates.

The Crown’s decision not to pursue criminal proceedings in relation to the crimes committed at Longformacus Estate also further entrenches the view that vicarious liability as a measure for tackling ongoing raptor persecution is a resounding failure. Introduced seven and a half years ago on 1 Jan 2012, only two successful prosecutions have been secured: one in Dec 2014 (here) and one in Dec 2015 (here). A third case in Oct 2015 was dropped because the authorities couldn’t identify the estate’s management structure (here) and a fourth case was abandoned in April 2017 because the Crown said ‘it wasn’t in the public interest to continue’ (here).

Who thinks that two successful cases in 7.5 years is a measure of success? Perhaps if raptor persecution crimes weren’t still being committed then vicarious liability might have been viewed as a success in terms of its deterrent value but it’s quite clear, given the ongoing reports of persecution, that landowners and sporting agents are probably increasingly confident of evading prosecution and the Crown’s decision on the Longformacus Estate will only strengthen that view.

The question now is, for how many more years do we have to sit and watch the pathetic failure of vicarious liability as a measure to combat raptor persecution? The Scottish Government can no longer rely on this as an indication of its commitment to tackling these crimes. Sure, when introduced in 2012 it was done in good faith and with the best of intentions but it is quite clear for all to see that, for whatever reason, it isn’t working, and the Scottish Government needs to acknowledge this failure and find out why it’s failing and get it fixed.

It’s not just convicted gamekeeper Alan Wilson sticking up two fingers to our law-abiding society.

The topic of vicarious liability was raised at the recent SNP Conference Fringe meeting on grouse moor reform (here) as well as the Revive Coalition’s conference in Perth (here) and caused quite a stir amongst delegates and panellists at both events. It’s an issue we’re likely to follow up with several interested MSPs.

Meanwhile, Chris Packham’s petition calling for a ban on driven grouse shooting is doing exceptionally well, just two weeks after launching. It has now attracted over 81,000 signatures but is likely to fall if it doesn’t reach 100,000 signatures by Sept 9th, thanks to the current shenanigans at Westminster (if Parliament is suspended all unfinished business, including live petitions, will fall). If you haven’t yet signed, please do so HERE. Thank you.

 

180 schoolchildren put at risk on visit to Longformacus Estate

Criminal gamekeeper Alan Wilson was recently convicted for crimes he committed on the Longformacus Estate in the Scottish Borders between March 2016 and June 2017. In amongst the long list of offences, Wilson pleaded guilty to the possession of banned poisons.

According to the Crown Office (here):

‘Officers also found a bottle of the banned pesticide Carbofuran and another bottle containing a mix of Carbofuran and Carbosulfan. Carbofuran is a highly toxic pesticide and a single grain the size of a poppy seed can kill a bird. A quarter of a teaspoonful can be fatal to humans‘.

We know from crime scene photographs that Wilson had one large bottle of poison in his workshop and a smaller bottle of poison that he carried inside a bum bag.

[The large bottle of banned poison found on the premises at Longformacus Estate. Note the protective clothing worn by the investigator. Photo by SSPCA]

[The smaller bottle of poison in the front pouch of Wilson’s bum bag. Photo by SSPCA]

It is reasonable to presume that Wilson dispensed the poison in to a smaller container for ease of distribution around the estate. Although he wasn’t charged with actually using the poison (just possession of it), it’s probably fair to say he probably wasn’t just taking the bottle of poison out for a walk every day.

It is with some shock then, that we’ve learned at least 180 schoolchildren were put at risk by being taken on an ‘educational’ visit to Longformacus Estate in June 2016, exactly the time when Wilson was busily committing his crimes on the estate.

Thanks to the blog reader who sent us the following report of the school visit, organised by landowner Mr Charles and the Royal Highland Education Trust (RHET):

Good grief, this should be a massive wake-up call for all those teachers thinking of taking schoolchildren on educational visits to game-shooting estates.

Not that the teachers or RHET staff could have known what they were walking in to when they turned up at Longformacus Estate – all RHET field visits are ‘fully risk assessed‘ and they probably wouldn’t have dreamt that a fatally toxic poison was being carried in the gamekeeper’s bum bag. Most decent-thinking people assume that illegal practices like poisoning wildlife is a thing of the past, not part of 21st century estate management!

Incidentally, we’ve asked the Crown Office to confirm whether they anticipate a charge of alleged vicarious liability in relation to the landowner and/or sporting agent at Longformacus Estate. We’re hearing all sorts of rumours but it would be best to get an answer direct from COPFS. So far we’ve been told by the COPFS media team that they can only answer questions from journalists so our request has been sent to the general enquiries team.

We’ve also asked Scottish Land & Estates whether Longformacus Estate is/was a member and if it was, has the estate now been expelled following Wilson’s convictions for wildlife crime? So far we’ve been told that this question has been passed to the Senior Management Team and that they’ll respond in due course.

Scottish Gamekeepers Association fails to influence the criminals within its membership

Gamekeeper Alan Wilson, 61, sentenced yesterday for his appalling crimes against protected raptors and mammals on the Longformacus Estate in the Borders (here) was a member of the Scottish Gamekeepers Association (SGA).

As an SGA member, Wilson cannot possibly claim that he wasn’t aware of the laws protecting birds of prey and mammals such as badgers and otters, nor that the deadly poison he had in his possession, Carbofuran, has been banned for approx 14 years, because although the SGA can be viewed as a bunch of raptor-hating Victorian throwbacks who lobby to have birds of prey added to the lists of ‘vermin’ that can be killed with impunity (e.g. see here), it has always made it clear that the illegal killing of these species is unacceptable. It wants to kill raptors, yes, to stop them interfering with game bird stocks, but acknowledges that so far, this is still unlawful unless the Scottish Government decides to issue licences to kill birds of prey.

Wilson carried what looks to be his SGA member’s log book in the same bag as he kept one of his bottles of Carbofuran.

Here’s his bag, with the bottle of Carbofuran in the front pouch [SSPCA photo]

Here’s the small bottle of Carbofuran (remember only a few granules are enough to kill a human) [SSPCA photo]

Here’s his SGA member’s log book, contained in the side pouch [photo SSPCA]

The irony of this is not lost on us.

The SGA issued a statement yesterday, after months of refusing to say anything, confirming that Wilson was indeed a member and his membership has now been terminated. Expelling criminals from within its ranks is a relatively recent endeavour by the SGA (in the last five or so years) and undoubtedly is a result of public and political pressure. The organisation has to at least make an effort to appear civilised and expelling criminal members is one way of doing this.

It begs the question, though, how many more criminals are hiding in plain sight within the SGA’s membership? It’s worth bearing in mind that, despite the industry’s claims, gamekeeping is not a profession in the sense that potential candidates don’t have to pass a formal qualification process to enter the ‘profession’ (although increasingly they do need to be certified in certain areas of their work) and absolutely anybody can become a member of the SGA unless, it seems, you have a recent conviction for wildlife crime. There’s no independent register of gamekeepers and nor is there a professional body to whom members of the public can complain about a gamekeeper’s behaviour or conduct, which when you think about it is pretty odd, given the job mostly involves killing things. Those responsible for caring for animals have to be highly qualified and are answerable to their professional bodies (e.g. vets) and yet those who kill animals for a living can do so without any professional oversight.

It’s pretty clear from the criminal activities of SGA member Alan Wilson that the SGA had absolutely no influence or control over his behaviour whatsoever. Did the SGA know about Wilson’s crimes? It seems unlikely, given the risk he posed to the SGA’s reputation.

So how many more Alan Wilsons are out there, fully-signed-up members of the SGA but with a huge appetite for killing protected wildlife with impunity?

How can the SGA possibly claim that gamekeepers are law-abiding members of society (e.g. see here) when the SGA hasn’t actually got a clue what its members are up to?

We won’t know, of course, until the next time. And there will be a next time, and another one, and another one, and another one….

Meanwhile, the SGA will be kept busy on a damage limitation exercise for the next few months trying to counter the media coverage of Wilson’s atrocities:

 

 

 

Monumentally inadequate sentence for convicted Scottish gamekeeper Alan Wilson

In July this year, Scottish gamekeeper Alan Wilson, then 60, pleaded guilty to nine of 12 charges of wildlife crime at Henlaw Wood on Longformacus Estate in the Borders (see here).

Wilson’s crimes included the shooting and killing of two goshawks at Henlaw Wood between March 2016 and May 2017, three buzzards, three badgers and an otter. He also pleaded guilty to charges of setting 23 illegal snares and possession of two bottles of the highly toxic (and banned pesticide) Carbofuran (see here).

[SSPCA photos]

Following Wilson’s guilty plea, the Sheriff adjourned sentencing for a few weeks to allow reports to be submitted.

Soon after his conviction, Scottish Land & Estates issued a statement of condemnation and claimed the Longformacus Estate was being managed for low ground pheasant shooting but in its desperation to avoid any bad publicity of grouse moor management, completely failed to mention that part of the estate was also managed as a grouse moor. Here’s a photograph of Henlaw Wood (now felled) and its proximity to the grouse moor:

[Original photo by Richard Webb; additional text by RPUK]

Alan Wilson, now 61, was sentenced at Jedburgh Sheriff Court this afternoon. Astonishingly (or not!), despite his litany of violent crimes against protected raptors and mammals which easily passed the threshold for a custodial sentence, Wilson has dodged jail, has dodged a fine, and instead has been issued with a 10-month curfew and an instruction to carry out 225 hours of unpaid work as part of a Community Payback Scheme. His firearms and other equipment was confiscated (it’s not clear for how long).

This monumentally inadequate sentence is in no way a reflection of the severity or extent of Wilson’s crimes, nor does it offer a suitable deterrent for other would-be offenders. According to this article in the Guardian by Sev Carrell, Sheriff Peter Paterson acknowledged that Wilson’s offending warranted a custodial sentence but said that as the Wildlife & Countryside Act only allowed sentences of up to six months, and Scottish Ministers had recently introduced a presumption against jailing offenders for less than 12 months, he felt he had no choice but to impose a different sentence.

This doesn’t make sense to us. Sure, the W&CA does, currently, impose a limit of six months but that’s six months per offence, so in Wilson’s case, where he had pleaded guilty to multiple offences, this would have amounted to much more than one six-month sentence and so in our opinion, he should have received a custodial sentence. We don’t know if this sentence will be appealed by the Crown Office – it must first be satisfied that the sentence was unduly lenient (e.g. see here). We’ll have to wait and see.

What is absolutely crystal clear is that the Scottish Government needs to get on and implement the penalty increases for wildlife crimes that it agreed to do way back in 2016.

This is Wilson’s second conviction in relation to offences at Longformacus Estate: in February 2018 he was sentenced to a £400 fine and disqualified from keeping birds of prey for ten years after he was convicted of animal welfare offences in relation to an Eagle Owl he had kept in appalling conditions (see here).

We don’t know whether Wilson’s employer (which may be a landowner or a sporting agent) will face a charge of alleged vicarious liability. We know that two individuals were originally charged with alleged offences at Longformacus Estate (e.g. see here) but we don’t yet have any more details. We will be following up on this and will report here if there is news. [Please note: if you are commenting on this aspect of the crimes at Longformacus Estate, remember there is a potential defence to any allegation of vicarious liability – Wilson’s employer is not automatically guilty just because he was Wilson’s employer].

Interestingly, the Scottish Gamekeepers Association has, after months of refusing to comment, now finally admitted that Wilson was indeed an SGA member when he committed these wildlife crimes. Here is the SGA statement posted today:

We’ll be discussing Wilson’s SGA membership in a later post.

It is not clear to us whether the Longformacus Estate is a member of Scottish Land & Estates. So far SLE hasn’t issued a statement about today’s sentencing. Instead, it’s website is leading with an article with the unfortunate headline, ‘Making it Happen’.

More on this soon.

It only remains to acknowledge the huge efforts of all those involved in detecting, investigating and prosecuting this case. This successful conviction was the result of genuine partnership working between the League Against Cruel Sports, Scottish SPCA, RSPB Scotland, Police Scotland and the Crown Office, along with experts from the Scottish Raptor Study Group, SASA, and veterinary pathologists from Scottish Agricultural College. Well done and thanks to all those involved in exposing this filthy criminal activity on yet another grouse moor.

Wildlife crime is endemic on many grouse moors. We see it over and over again and we also see the offenders escape justice time and time again. If you’d like to help bring it to an end, please consider signing this new petition calling for a ban on driven grouse shooting – PLEASE SIGN HERE

UPDATE 30 August 2019: No vicarious liability prosecution for Longformacus Estate (here).

How has the game-shooting industry reacted to conviction of Scottish gamekeeper Alan Wilson?

We’ve been watching with interest how the game-shooting industry has reacted to the news that Scottish gamekeeper Alan Wilson has pleaded guilty to nine wildlife crimes on the Longformacus Estate in south Scotland.

We are especially interested to find out whether (a) Wilson is/was a member of the Scottish Gamekeepers Association when he committed his crimes against protected wildlife and if so, whether he’s been booted out, and (b) whether the Longformacus Estate is/was a member of Scottish Land & Estates when these wildlife crimes took place, and if so, whether the estate has since been booted out.

It turns out that both the SGA and SLE are being a bit coy about this information.

First up, here’s the full statement from the SGA in response to Wilson’s guilty plea for multiple criminal offences:

It’s not very impressive, even though it took the SGA 24 hours to come up with it!

No mention, then, of the exceptionally high number of wildlife crimes.

No mention, then, of the number of protected species that had been shot illegally, including birds of prey, badgers and an otter.

No mention, then, of the 23 illegally set snares.

No mention, then, of the two containers of a highly toxic and banned poison (Carbofuan) that had been found.

And no mention, then, that it was a Scottish gamekeeper who was responsible for this disgraceful litany of wildlife crimes.

Moving on, here’s what Scottish Land & Estates posted:

It’s a bit of an odd choice of photograph to illustrate the piece – that’s Lord David Johnstone, Chairman of SLE; it’s not criminal gamekeeper Alan Wilson. You might have thought SLE would choose an image of one of the protected species that had been illegally shot, or a poison skull & crossbones, or perhaps even an image of the location, a bit like this one:

[Photo by Richard Webb]

Ah, but hang on a minute, using a photo like this one to illustrate SLE’s statement wouldn’t have worked because look, what’s that behind the wood? Is it the tell-tale strip muirburn indicative of a grouse moor?

Ah, that’s a bit awkward seeing as SLE’s statement doesn’t mention grouse moor management, only low ground pheasant shooting – perhaps a deliberate omission? Surely not.

To be fair, the hill in the background is part of a neighbouring estate (Kettleshiel Farm), although if you look at a satellite image of the area it’s pretty clear that there’s also strip muirburn on Longformacus Estate, right up to the edge of Henlaw Wood where all those shot protected species were uncovered: [UPDATE 9pm: According to a comment from Professor Ian Poxton, all the land shown in the above and below photos, including the grouse moor hill, belonged to Longformacus Estate at least up to a couple of years ago – see comments section for more details]:

So it looks very much like there is a combination of both low ground pheasant shooting and grouse moor management on Longformacus Estate – how odd that SLE would appear to want to only mention the pheasant shooting and not the grouse moor management.

Actually, it’s not odd at all – they tried the same trick when golden eagle Fred ‘disappeared’ in suspicious circumstances next to a grouse moor in the Pentland Hills just outside Edinburgh, playing down the prevalence of grouse moor management in the area.

Hmm, can’t begin to imagine why SLE might want grouse moor management out of the spotlight.

Anyway, back to SLE’s statement – at least it includes the fact that a gamekeeper has been convicted of wildlife crime – that’s a definite improvement on the SGA’s pathetic statement, but rather tellingly, SLE’s statement doesn’t mention whether Longformacus Estate is a member of SLE but does seem to want to demonstrate support for the estate. How interesting.

As we’ve said previously, as we understand it there is an ongoing police investigation in to whether gamekeeper Alan Wilson’s employer may face a potential charge of alleged vicarious liability, but we don’t know any more detail. We don’t even know if that would be the landowner or whether there’s a ‘middle-man’ involved such as a sporting agent.

We’ll have to wait and see, although it’s interesting to note that back in August 2018, Police Scotland issued a statement that said two men had been charged in relation to this case (see here).

Convicted Scottish gamekeeper Alan Wilson & his litany of wildlife crimes

Further to the news yesterday that Scottish gamekeeper Alan Wilson, 60, had pleaded guilty to nine of the 12 charges of wildlife crime against him (see here), here is some further detail.

From The Times (by Robert Fairburn):

Gamekeeper killed protected birds, badger and otter

A gamekeeper shot dead badgers and buzzards and set dozens of illegal snares in Scottish woodland in what one wildlife expert described as the greatest cull of protected species he had ever seen.

Alan Wilson, 60, has pleaded guilty to priming 23 illegal snares in a small wood on the Berwickshire estate where he worked. A court was told that the League Against Cruel Sports had been tipped off by a member of the public out hiking that snares were being operated at Henlaw Wood on the Longformacus Estate.

[RPUK map of the location of Longformacus Estate]

In March 2016 a research officer found snares and a “stink pit” containing a pile of dead animals designed to attract other animals. A year later he returned and found the carcass of a badger and dead birds.

The site was visited by police officers and Scottish SPCA officers when the full catalogue of shot protected species emerged.

David Anderson, conservation manager for the Forestry Commission Scotland, attended Henlaw Wood, which is 550 metres in length, and wrote in his report: “In 40 years working in wildlife management I have never seen so many protected species dead in such a small area.”

Jedburgh sheriff court was told that Wilson was the sole gamekeeper for the Longformacus estate. He had worked as a gamekeeper in France for ten years before returning to Scotland and lived on the estate with his partner.

Wilson pleaded guilty to shooting and killing two goshawks at Henlaw Wood between March 2006 and May 2017, three buzzards, three badgers and an otter. He also pleaded guilty to charges of using illegal snares and possession of two bottles of carbofuran.

Wilson was fined £400 last year and banned from keeping birds of prey for ten years after admitting failing to protect an eagle owl in his care from suffering. He had pleaded guilty to keeping the pet bird in filthy conditions in a pigsty at his home in Longformacus [see here for RPUK blog on that case].

Wilson admitted nine offences and will be sentenced next month [19th August we believe] after background reports are prepared. Sheriff Peter Paterson told him: “These charges are serious and numerous and before I decide on an appropriate sentence I will need a report to see what sentencing options are open to me. Society, whatever you may think, takes a dim view on this.”

There has been growing debate about Scotland’s grouse moors. Chris Packham, the naturalist and broadcaster, has urged ministers to introduce a strict licensing system on moors, with powers to ban shooting estates where protected species are vanishing. A Scottish government review of grouse moor practices is expected to be published within weeks.

ENDS

It’ll be all eyes on Jedburgh Sheriff Court on 19th August when this criminal gamekeeper is sentenced. We believe the custody threshold has been easily met and given the range of offences against these protected species, in addition to being found in possession of the highly toxic (and thus banned) pesticide Carbofuran, only a custodial sentence will suffice.

There have been questions asked about Wilson’s employer and whether a charge of alleged vicarious liability is being pursued. We believe there is currently a live investigation on this and as such we won’t be blogging about it, or accepting comments specifically about it, until proceedings have concluded.

The conviction of gamekeeper Alan Wilson can now be discussed, however. We look forward to finding out whether he is/was a member of the Scottish Gamekeepers Association and if so, how they explain his appetite for illegally killing protected raptors and mammals, why he was setting illegal snares and why he had two bottles of Carbofuran in his possession.

Presumably the SGA knew nothing of Wilson’s crimes, which begs the question, how can the SGA make so many claims about the number of supposedly law-abiding gamekeepers when they haven’t got a clue what those gamekeepers are up to, nor do they have sufficient influence to prevent them committing wildlife crimes?

Over to you, SGA Chairman Alex Hogg…..

Previous blogs about this case: here, here here  here here, here, here, here, here here.

UPDATE: 24 July 2019: How has the game-shooting industry reacted to conviction of Scottish gamekeeper Alan Wilson? (see here).

 

Scottish gamekeeper pleads guilty to nine charges of wildlife crime

BREAKING NEWS…..

We understand from a journalist that Scottish gamekeeper Alan Wilson, 60, has this morning pleaded guilty to 9 of the 12 wildlife crime charges against him. Not guilty pleas were accepted on the other three.

Sentencing has apparently been deferred until 19th August for background reports.

Wilson had been accused of shooting two goshawks, four buzzards, a peregrine falcon, three badgers and an otter at Henlaw Wood, Longformacus, between March 2016 and May 2017.

He also faced charges of using a snare likely to cause partial suspension of animal or drowning, failing to produce snaring records within 21 days when requested to do so by police and no certificate for an air weapon.

We also understand he faced a charge of alleged possession of the banned poison Carbofuran.

Up until this morning Mr Wilson had pleaded not guilty.

More details to follow……

Previous blogs about this case: here, here here  here here, here, here, here and here.

UPDATE 23 July 2019: Convicted Scottish gamekeeper Alan Wilson and his litany of wildlife crimes (here)

UPDATE 24 July 2019: How has the game-shooting industry reacted to conviction of Scottish gamekeeper Alan Wilson? (here).