A poisoned sparrowhawk, a poisoned bait, and a Royal estate in Norfolk

A couple of months ago an article was published in the Mail on Sunday about the ‘mysterious’ death of a satellite-tagged goshawk on the Queen’s Sandringham Estate in Norfolk (see here).

We blogged about it (here) and mentioned a number of other raptor-related police investigations that had been undertaken on or near the estate. On the back of that blog, somebody contacted us and asked why we hadn’t included on our list ‘the confirmed illegal poisoning of a sparrowhawk a few years ago’? We hadn’t included it because we didn’t know anything about it, so we thought we’d do some digging.

First of all we did a general internet search. If there had been a confirmed raptor poisoning on the Queen’s Sandringham Estate then surely that would have made a few headlines, right? We didn’t find any record of it.

So then we started looking at the government’s database on pesticide misuse and abuse (the Wildlife Incident Investigation Scheme, often shortened to ‘the WIIS database’). In that database we found the following entry:

Although this entry showed that a poisoned sparrowhawk and a poisoned bait had been discovered in Norfolk in October 2009, as usual, no specific location was given. We were, however, intrigued by the ‘Notes’ column, that said even though a confirmed poisoning had occurred, the police were ‘not taking this forward’ and instead the CRD (Chemical Regulation Directorate, which is part of the Health & Safety Executive) had ‘sent a warning letter to the estate’.

So we thought we’d submit an FoI to the CRD to ask for a copy of that warning letter, because it might reveal the name of the estate where the poisoned sparrowhawk and poisoned bait had been found. We were also curious about the content of that warning letter – if there had been a confirmed poisoning, why was a warning letter considered to be a preferred option to a prosecution?

We’ve now received the FoI response and have been working our way through the various files.

The first file we looked at was a series of correspondence letters between the CRD and the estate. The estate’s name had been redacted throughout. Hmm. The letters are really worth reading though – there are some pretty hostile attitudes on display and there’s clearly no love lost between CRD and the estate manager! Download here: CRD correspondence with Estate_2010

There’s also a letter from a Natural England officer to the estate, asking for various documents relating to pesticide risk assessments, gamekeeper contracts, and gamekeeper training certificates: Natural England letter to Estate 19Oct2009

We gathered from the CRD/estate correspondence that no further evidence of Bendiocarb had been found during a Police/Natural England search of the estate which is presumably why Norfolk Police didn’t charge anybody for the poisoned sparrowhawk and poisoned bait, because there was no way of linking it to a named individual. Anybody could have placed the poisoned bait. But a series of alleged offences relating to pesticide storage had apparently been uncovered and it was these issues to which the CRD warning letter referred, although it’s clear from the estate’s letters to CRD that the estate disputed the alleged offences.

While that’s all very interesting, we were still in the dark about the name of the estate where all this had happened. That is, until we read another file that had been released as part of the FoI: CRD_lawyer discussion of FEPA exemption

This file contains correspondence between the CRD and a number of lawyers. They were discussing whether the estate had exemption under Section 20(5) of the Food and Environment Protection Act 1985 (FEPA). This exemption applies to land that is owned ‘in Crown interest’. There was a great deal of discussion about whether this estate (name redacted) was owned by the Crown or was privately owned by the Queen.

The lawyers decided that this estate (name redacted) was in fact privately owned by the Queen, and therefore exemption under Section 20(5) of FEPA did not apply. The lawyers had reached this conclusion after several internet searches on the status of this estate (name redacted) had been completed. What the FoI officer failed to do was redact the search phrases that had been used to reach their decision. Those search phrases included:

Now, if you Google the exact search phrase listed under (a) above (“the private home of four generations of British Monarchs“) you are directed to this website:

And if you go to the Crown Estates website and search for the exact search phrase listed in (b) above (“according to the Crown Estates website – one of Her Majesty the Queen’s private possessions handed down from previous generations“), you find this:

It’s all very interesting, isn’t it? This isn’t conclusive evidence that it was Sandringham Estate, of course, and there is no suggestion whatsoever that anyone associated with the Sandringham Estate was involved with placing a poisoned bait, although it is clear a poisoned sparrowhawk and a poisoned bait were found on a Royal estate in Norfolk (how many Royal estates are there in Norfolk?).

But what this does highlight, again, is the complete lack of transparency when the authorities investigate the discovery of highly toxic poisonous baits laid out on private estates with game-shooting interests, or the discovery of illegally killed raptors on privately owned estates with game-shooting interests.

Why has this case been kept secret since 2009?

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41 eagles, 10 years, 0 prosecutions

Regular blog readers will know that from time to time we publish a list of eagles that are known to have been illegally killed, or have ‘disappeared’ (i.e. their satellite tag suddenly stops functioning) in Scotland.

The last update was in August 2016 when the RSPB revealed that eight satellite-tagged golden eagles had ‘disappeared’ on grouse moors in the Monadhliaths between 2011 and 2016.

Last week we blogged about another ‘disappearing’ golden eagle, this time a young bird that had been tagged in Perthshire in 2014 and whose satellite signal suddenly stopped functioning two years later when the eagle was visiting an Angus Glens grouse moor. It’s time to add that eagle to our list.

As before, a number of eagles included in this list (17 of them, to be precise) may not be dead. However, they are included here because their satellite tags unexpectedly stopped functioning (i.e. they’d been transmitting perfectly well up until the eagles’ last known location, often a known persecution hotspot). Two further satellite-tagged eagles (‘Angus’ and ‘Tom’) are not included in this list as although their transmitters stopped functioning, there had been recognisable problems with their tags prior to the final transmissions and so the benefit of the doubt has been applied.

It’s also worth reiterating that the following eagles are only the ones we know about. How many un-tagged eagles are illegally killed each year?

MAY 2006: A dead adult golden eagle was found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation. No prosecution.

JUNE 2006: A dead golden eagle was found on Glen Feshie Estate in the Cairngorms. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary launched an investigation. No prosecution.

AUGUST 2007: A dead adult female golden eagle was found on an estate near Peebles in the Borders. She was half of the last known breeding pair of golden eagles in the region. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Lothian & Borders Police launched an investigation. No prosecution.

NOVEMBER 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on a grouse moor estate in the Angus Glens. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. The eagle has not been seen again. With no carcass, an investigation wasn’t possible.

MAY 2008: A one year old male white-tailed eagle hatched on Mull in 2007 and known as ‘White G’ was found dead on the Glenquoich Estate in the Angus Glens. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fence posts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. No prosecution.

JUNE 2009: An adult golden eagle was found dead at Glen Orchy, Argyll, close to the West Highland Way. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Strathclyde Police launched a multi-agency investigation. Three years and 3 months later, estate employee Tom McKellar pled guilty to possession of Carbofuran stored in premises at Auch Estate, Bridge of Orchy and he was fined £1,200. No prosecution for poisoning the golden eagle.

JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate in the Angus Glens. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Alma was a well-known eagle  – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements followed by the general public on the internet. Tayside Police launched an investigation. No prosecution.

AUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate in the Angus Glens. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Tayside Police was criticized in the national press for not releasing a press statement about this incident until January 2010. No prosecution.

MAY 2010: #1 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

MAY 2010: #2 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

MAY 2010: #3 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

JUNE 2010: #1: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #2: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #3: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #4: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: A golden eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. No prosecution.

JUNE 2010: A white-tailed eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. No prosecution.

DECEMBER 2010: A decomposing carcass of a white-tailed eagle was found and photographed on Logie (Lochindorb) Estate, Morayshire. It was reported to Northern Constabulary. By the time the police arrived to collect it, the carcass had disappeared. The police said they couldn’t investigate further without the body.

FEBRUARY 2011: The signal from a young satellite-tracked golden eagle ( ‘Lee’, hatched in 2010) unexpectedly stopped transmitting after a final signal from the North Angus Glens. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2011: The body of a young golden eagle was discovered on North Glenbuchat Estate, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation and raided the property in May 2011. A poisoned buzzard, a poisoned bait and a shot short-eared owl were found. No prosecution.

APRIL 2011: The body of a white-tailed eagle was found at the base of cliffs on Skye. The person who discovered it (a professional medic) considered it to have been freshly shot with a rifle, decapitated with a sharp implement and thrown from the cliff top. He took photographs and alerted Northern Constabulary and RSPB. There was a delay of two weeks before the now probably decomposed carcass was collected. A post-mortem was inconclusive. This incident was not made public until one year later after a tip off to this blog. No prosecution.

SEPTEMBER 2011: The signal from a satellite-tracked young golden eagle (‘Strathy’, hatched in 2010) unexpectedly stopped transmitting after a final signal from an Aberdeenshire grouse moor. A technical malfunction or another mysterious ‘disappearance’?

NOVEMBER 2011: The signal from a one-year-old satellite-tracked golden eagle (#57124) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2012: The body of a young golden eagle being tracked by satellite was discovered in Lochaber. Tests revealed it had been poisoned with the banned pesticides Aldicarb and Bendiocarb. Information about this incident was not made public until three months later. No prosecution.

MARCH 2012: The signal from a satellite-tracked young golden eagle (‘Angus 26′, hatched in 2011) unexpectedly stopped transmitting after a final signal from a grouse moor in the Angus Glens. This bird’s suspiciously damaged sat tag was found in the area. No prosecution.

MAY 2012: The signal from a young satellite-tracked golden eagle (#32857) unexpectedly stopped transmitting when the bird was north-east of the Cairngorms National Park. A technical malfunction or another mysterious ‘disappearance’?

MAY 2012: The dead body of a young satellite-tracked golden eagle (hatched in 2011) was discovered near a lay-by in Aboyne, Aberdeenshire. The data from its satellite tag & the injuries the bird had when found (2 broken legs) suggested it had been caught in an illegal trap on a grouse moor in the Angus Glens and then removed, under cover of darkness, to be dumped in another area where it was left to die, probably a slow and agonising death. Information on this incident was not released until almost five months later, by the RSPB. It appears the police failed to properly investigate this incident as we understand that no search warrants were issued and no vehicles were searched. No prosecution.

JULY 2012: The signal from a one-year-old satellite-tracked golden eagle (‘Foinaven’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2012: An adult golden eagle was found shot and critically injured on grouse moor at Buccleuch Estate, near Wanlockhead, South Lanarkshire. The bird was rescued by the SSPCA and underwent surgery but it eventually succumbed to its injuries in April 2013. No prosecution.

MAY 2013: The signal from a two-year-old satellite tracked golden eagle (‘Angus 33′, hatched in 2011) unexpectedly stopped transmitting after its last signal from North Glenbuchat Estate in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2013: A dead golden eagle was found under power lines on an RSPB reserve on Oronsay. This bird had been shot although it is not known whether this was the cause of death or an historical injury.

JULY 2013: The signal from a young satellite tracked golden eagle (‘Cullen’, hatched 2010) unexpectedly stopped transmitting after its last signal in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

DECEMBER 2013: A two year old satellite tracked golden eagle (‘Fearnan’) was found dead on a grouse moor in the Angus Glens. Tests revealed he had been poisoned with the banned pesticide Carbofuran. No prosecution.

MARCH 2014: The signal from a one-year-old satellite-tagged golden eagle (#129002) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

APRIL 2014: The signal from a young satellite tracked white-tailed eagle (the first fledged sea eagle chick in East Scotland in ~200 years) unexpectedly stopped transmitting after its last signal from the North Glenbuchat Estate in Aberdeenshire. Police raided the property a couple of weeks later. No prosecution.

OCTOBER 2014: The signal from a one-year-old satellite-tagged golden eagle (#107133) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2014: The signal from a two-year-old satellite-tagged golden eagle (#119886) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2016: The signal from a satellite-tagged golden eagle (tagged in Perthshire 2014) unexpectedly stopped transmiting after a final signal from a grouse moor in the Angus Glens. A technical malfunction or another mysterious ‘disappearance’?

MAY 2016: The signal from a less-than-one-year-old satellite-tagged golden eagle (#00000583) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2016: The signal from a two-year-old satellite-tagged golden eagle (#129010) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JULY 2016: The signal from a two-year-old satellite-tagged golden eagle (#129015 ‘Brodie’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

37 of the listed 41 eagles have either been found dead on, or have ‘disappeared’ on, Scottish grouse moors. (The other 4 have either died or have ‘disappeared’ in other habitat types).

Four of these 41 eagles ‘disappeared’ in 2016. So much for the grouse-shooting industry claiming that they’ve cleaned up their act and that persecution is a thing of the past. The tactics of how to kill an eagle have clearly changed (see here) but the persecution continues.

Last summer, in response to the news that eight tagged golden eagles had ‘disappeared’ in the Monadhliaths over a five year period, Environment Cabinet Secretary Roseanna Cunningham ordered a review of satellite tag data “to discover if there is a pattern of suspicious activity“.

We are expecting the review to be published some time in April and we expect it to show what decades of scientific research has already clearly demonstrated: that golden eagles (and several other raptor species) are routinely killed or suspiciously ‘disappear’ on land intensively managed for driven grouse shooting.

We expect this review to be a seminal piece of research and if it shows what we anticipate it will show, the Scottish Government can expect to be put under enormous pressure to respond appropriately.

Two red kites confirmed poisoned in Nidderdale, North Yorkshire

Yesterday, North Yorkshire Police put out the following press release:

POLICE WARNING FOLLOWING RED KITE POISONING

Police are appealing for information and warning about the dangers of illegal bird of prey poisoning.

Two red kites were found poisoned in the Nidderdale area of North Yorkshire in 2016.

One was found near Pateley Bridge on 12 March 2016. Tests have attributed its death to alphachloralose. Traces of aldicarb and three rodenticides (difenacoum, bromadiolone and brodifacoum) were also identified.

The second was found near Bouthwaite on 18 May 2016. Shockingly, tests have shown the presence of eight different poisons – alphachloralose, aldicarb, bendiocarb, carbofuran and isofenphos, together with three rodenticides.

Officers are appealing for information about the two incidents, and warning members of the public about the dangers of this illegal practice. Hard-hitting posters urging people to report suspected wildlife poisoning are being distributed across the county.

Inspector Jon Grainge, of North Yorkshire Police’s Rural Taskforce, said: “The use of poisons in the two Nidderdale cases is particularly shocking. The practice of lacing animal carcasses with poison to kill other wildlife is cruel and illegal. It is also a serious risk to members of the public and their children or pets if they come into contact with them.

If you find a mammal or bird that you believe has been poisoned, please do not touch it, as poisons can transfer through skin contact. Also keep youngsters and pets well away. Make a note of the location, including GPS co-ordinates if possible, and anything else that is around or near the animal, and contact the police immediately”.

Anyone with information about the poisoning of the red kites found in Nidderdale should contact North Yorkshire Police on 101, quoting reference number 12160043415, or email ruraltaskforce@northyorkshire.pnn.police.uk.

ENDS

Have a look at this map. The poisoned red kite at Bouthwaite was found just to the north of the Gouthwaite Reservoir, and the poisoned red kite near Pateley Bridge was found just to south. Look at the land use on either side of the reservoir: this is driven grouse shooting country.

Presumably these two poisoned red kites were part of the ten suspicious red kite deaths investigated in North Yorkshire in 2016. Most of those were confirmed shot but there were a number of suspected poisonings too.

It seems strange that North Yorkshire Police is only now appealing for information about two poisoned red kites that were found nine and eleven months ago respectively. The delay may be due to issues at the toxicology lab (it wouldn’t be the first time) and therefore beyond North Yorkshire Police’s control. The delay is certainly at odds with the commendable speed with which North Yorks Police announced some of last year’s shot red kites (e.g. see here – shot kite found on Sunday, press release out by Monday). They were also incredibly quick off the mark to go out and investigate the three illegal pole traps found on the Mossdale Estate grouse moor in the Yorkshire Dales National Park last year, and although senior officers ballsed up what should have been a straight forward prosecution, at least they were honest and transparent, admitted the mistake and amended their policies as a result.

The long delay aside, it is very good to see North Yorkshire Police provide detailed information about the type of poisons used in these two crimes (take note, Police Scotland). It’s also very good to see them proactively warning the public of the danger of these highly toxic substances (again, take note Police Scotland), especially as we head towards spring, which is typically the time when illegal raptor persecution really hots up.

North Yorkshire Police have certainly got their work cut out fighting wildlife crime, and particularly raptor persecution. North Yorkshire is consistently rated the worst county in the UK for the number of reported crimes against raptors, and a lot of it takes place in the Nidderdale Area of Outstanding Natural Beauty and the neighbouring Yorkshire Dales National Park. We were only talking about this region two days ago in relation to the ongoing persecution of hen harriers.

Photo of red kite by Mali Halls

No subsidy withdrawal for mass poisoning of raptors on Glanusk Estate

Further to the news about the mass poisoning of raptors uncovered on the Glanusk Estate in the Brecon Beacons National Park, Wales (see here), we wanted to find out whether the Estate had incurred a financial penalty for what appears to be a clear breach of cross compliance rules.

In order to qualify for Common Agricultural Policy (CAP) subsidy payments, claimants are required to keep their land in ‘Good Agricultural and Environmental Condition’ and comply with a set of Statutory Management Requirements (SMRs). This is known as cross compliance. [NB: the rules have now changed slightly but as this mass poisoning took place in 2012/2013, the old rules apply].

In our opinion, the illegal poisoning of raptors with Bendiocarb is a breach of SMR1 (relating to the protection of wild birds) and SMR9 (relating to restrictions on the use of plant protection products).

In April, an FoI was submitted to Rural Payments Wales (RPW), the Government agency responsible for implementing CAP subsidy payments and for imposing penalties if cross compliance regulations have been breached. Here are the questions that were asked, along with the answers received from RPW:

Question 1. Which of these incidents were on land in receipt of subsidies under the Single Payment Scheme (SPS) during the years 2012 and 2013?

Answer: I can confirm that 10 of these incidents were on land in receipt of SPS in 2012 and 2013.

[RPUK comment: Although there were 24 incidents in total, it seems that RPW has excluded 14 of them, presumably because the illegally-poisoned birds and/or illegally-placed poisoned baits were on land that is not subject to SPS, for example, in woodland].

Question 2. What were the amounts of payments made under SPS in 2012 and 2013 and to how many beneficiaries?

Answer: A total of £98,802.01 was paid to 2 beneficiaries under SPS 2012. A total of £97,145.70 was paid to 2 beneficiaries under SPS 2013.

[RPUK comment: We’ve scrutinised the CAP payments website to find out who these beneficiaries were and we’ve worked out that they are two tenant farmers on the Glanusk Estate, presumably on whose landholdings the poisoned birds/baits were discovered].

Question 3. Can Rural Payments Wales confirm whether these offences would have breached SMR1 and SMR9 of the SPS?

Answer: These offences would be a breach of SMR1 and SMR9 if they were found to be attributable to a benficiary of Common Agricultural Policy (CAP) funds.

Question 4. What investigation or enforcement action has Rural Payments Wales undertaken in relation to these offences?

Answer: RPW considered the offences in question and concluded there was insufficient evidence to apply a cross compliance breach to a beneficiary.

[RPUK comment: We’re fascinated by this. The standard of proof for a cross compliance breach is lower than the standard of proof required for a criminal prosecution. A criminal conviction is NOT required for a cross compliance penalty to be imposed].

Question 5. What subsidy withdrawals have been made from anyone in receipt of money under the SPS in 2012 and 2013 as a result of these incidents?

Answer: No withdrawal of subsidy has been made from anyone under SPS 2012 and SPS 2013 as a result of these incidents.

END

A further FoI was submitted to RPW in May 2016, to try and understand why RPW thought there was ‘insufficient evidence’ to apply a penalty. Here are the questions that were asked, along with the answers received from RPW:

Question 6. Please can you tell me the date (day/month/year) that RPW first became aware of these poisoning incidents?

Answer: RPW first became aware of the poisoning incidents on 5 December 2013.

Question 7. Please could you provide information about the extent and type of enquiries RPW conducted when “considering the offences in question and concluding there was insufficient evidence to proceed with a cross compliance action”?

Answer: A formal police investigation was underway in this case and RPW undertook a review of the documentary evidence.

Question 8. Have the two claimaints been informed by RPW of the SMR1 and SMR9 breaches on their land?

Answer: No, RPW has not established any breaches to SMR1 and SMR9 on their land.

Question 9. Have the two claimants been interviewed by RPW about the incidents on their land?

Answer: No.

Question 10. Can copies of any correspondence between RPW and the claimants about these incidents be supplied (with personal details redacted)?

Answer: RPW has had no contact with the claimants over these incidents.

Question 11. What steps has RPW taken to prevent a reoccurence of these breaches?

Answer: RPW undertakes a programme of annual on site visits to farm businesses to ensure cross compliance requirements are respected.

END

To be honest, we’re completed baffled by RPW’s answers to questions 8-11. They’re either displaying overwhelming apathy, or they’re confused, or we’re confused. Confusion and apathy shouldn’t be unexpected – we saw a similar approach from the Rural Payments Agency (operating in England) when we challenged them about a subsidy withdrawal for the Stody Estate (Norfolk) after the discovery of mass raptor poisoning on their land. The confusion and apathy continued for a year, but, to their credit, the RPA did eventually get it right and imposed a large financial penalty on Stody Estate (see previous blogs here).

Are we going to have to go through the same process with Rural Payments Wales?

Was there a cross compliance breach or wasn’t there? If there was, why hasn’t a penalty been imposed? Why hasn’t RPW bothered to discuss these poisonings with the subsidy recipients? How can RPW claim, with straight faces, that their on site visits “ensure cross compliance requirements are respected”? If that’s the case, where was RPW in 2012 and 2013?

Emails to: RPWOnline@wales.gsi.gov.uk

There’s something decidedly rotten about this whole affair. The most significant wildlife poisoning incident ever uncovered in Wales, and the second largest in the UK in 40 years, on a prominent estate with strong royal connections, inside a National Park. Abject secrecy about these crimes from Dyfed Powys Police (until we started asking questions 3 years later), no criminal prosecution, and no subsidy penalty.

Further statement from Glanusk Estate re: mass raptor poisoning

Following on from yesterday’s blog about the Glanusk Estate statement on the illegal mass poisoning of raptors on their land (here), the Glanusk Estate trustees have issued a further statement:

A couple of things jumped out at us:

“The incident involves a third party to Glanusk Estate and is nothing to do with the Management Team or the owners of the Estate“.

Clearly, the owners and Management Team were not directly responsible for setting out poisoned baits, or for picking up poisoned raptors and hiding them inside feed sacks next to a pheasant pen. That was the criminal action of a ‘third party’. But it’s irresponsible for the Management Team and owners of the Estate to claim ‘it is nothing to do with us’. It’s their responsibility, and theirs alone, to, er, ‘manage’ what happens on their Estate.

The question is, do the owners and Management Team know who that ‘third party’ was and if so, what action have they taken against that ‘third party’? Is the ‘third party’ still involved at Glanusk Estate? What measures, if any, have Glanusk Estate put in place to ensure the poisoning is not repeated? They say they have asked their visitors, tenants and friends to be vigilant, but is that enough? This mass poisoning took place over the period of a whole year and apparently nobody saw anything suspicious (!) so asking people to be vigilant is a start but hopefully it isn’t the Management Team’s only course of action!

“The Welsh Government and the Dyfed Powys Police confirmed at the time that there was no risk to public health“.

Really? If that’s true, it would be an extraordinary statement for the Welsh Government & Dyfed Powys Police to make. According to the World Health Organisation, Bendiocarb (the poison that was used for these mass raptor killings) is listed as Class II for acute toxicity, indicating that it is moderately hazardous to humans if ingested or absorbed through the skin. Symptoms of Bendiocarb poisoning in humans are weakness, blurred vision, headache, nausea, abdominal cramps, low blood pressure, muscle tremours, uncoordination and heart irregularities. Death can result from discontinued breathing, paralysis of muscles of the respiratory system and/or intense constriction of the openings of the lungs. But don’t worry, the Welsh Government and Dyfed Powys Police said there was “no risk to public health”.

We’ll be blogging more about the Welsh Government’s role in this case shortly…..

Statement from Glanusk Estate about mass poisoning of raptors

Following yesterday’s blog (here) about the mass illegal poisoning of birds of prey on the Glanusk Estate within the Brecon Beacons National Park, the Estate has issued a statement, probably as a measure to placate the organisers of the Green Man Festival (held annually in the Estate grounds) as we know those festival organisers have asked Glanusk about what’s going on. Here’s the Glanusk statement:

In addition to this formal statement, Debbie Murray from the Glanusk Estate wrote the following in an email to one of our blog readers:

“I can assure you that we take any matter of animal welfare seriously and we have extensive health & safety measures in place for all of the activities, land and property that we engage with/own.

The alleged poisoning has been said to have been located on land outside of the Glanusk Park where our events take place and there is no risk at all to animals or humans. We enlist an external consultant to provide risk assessments and health & safety advice and again to reiterate, any risk to any of our visitors is received and treated with the utmost severity“.

END

So, let’s just take a closer look at these statements.

For a start, the police investigation began in 2013, not in 2012 (read the RSPB Investigations team’s blog (here) about how things unfolded at Glanusk Estate, starting with the discovery of poisoned baits in October 2012 and leading to the discovery of 15 poisoned victims and more poisoned bait in October 2013).

Is the Glanusk Estate saying 2012 by mistake, or are they trying to suggest that the poisonings took place in 2012 because that sounds better than the more recent 2013?

Glanusk Estate mentions the “alleged poisonings“, presumably to imply that they might not have happened. Hang on a minute, investigators found nine poisoned baits, two poisoned ravens, five poisoned red kites, and eight poisoned buzzards. All of them were subjected to toxicology tests in a government laboratory and all of them tested positive for the poison Bendiocarb. There is no ‘alleged’ about it – these poisonings took place and the 9 baits and 15 victims were definitely found on Glanusk Estate.

Here’s a photo of a poisoned buzzard, one of the 15 poisoning victims found on the Glanusk Estate (photo by RSPB Investigations).

Glanusk Estate says: “the poisonings were located on land outside of Glanusk Park where our events take place”. Hmm. How does the Estate know where the poisonings took place? The majority of those victims (seven buzzards and three red kites) were found stuffed inside feed sacks stacked up next to a pheasant pen. There’s no way anyone (except the poisoner(s)) can know precisely where on the Glanusk Estate those birds were actually poisoned. And even if the poisoned baits had been found in an area of the Estate away from the central ‘Glanusk Park’ area (where their events take place), there’s every chance that a bird might eat some of the bait but then manage to fly some distance before succumbing to the poison. Indeed, isn’t this the very excuse we’re given by the shooting community whenever a poisoned raptor has been found? ‘Ah well, even though the poisoned bird was found on our land, that doesn’t mean it was poisoned on our land, it could have flown a few miles from somewhere else and it just died here’.

Glanusk Estate says: “there is no risk at all to all animals or humans“. Sorry, but there is absolutely no way the Estate can give this sort of assurance. These poisonings took place over the period of at least one year, and nobody from the Glanusk Estate noticed them. The pile of ten raptor corpses stuffed inside feed bags and stacked next to the pheasant pen, the nine poisoned baits and the other five corpses of poisoned birds left on the open ground – all apparently missed by the gamekeepers that worked in that area every day (hard to believe, we know). The poisoner is still at large, because nobody has been charged for these crimes, so for all the Estate knows, poisons may still be being put out on that land and the Estate owners and workers have failed to notice, again. How on earth can Glanusk Estate declare “there is no risk at all to all animals and humans“? It’s just absurd.

Glanusk Estate says: “We enlist an external consultant to provide risk assessments and health & safety advice“. We’re sure they do – as a commercial outfit they are legally obliged to do this. So how come the organisers of the Green Man Festival were apparently unaware of the mass poisoning of wildlife on this estate prior to our blog going out yesterday? Surely, information about the presence of toxic poisons, such a serious hazard to festival-goers, would have been provided in the Festival’s risk assessment, no? Or is it the case that Glanusk Estate has suppressed this information for the last three years, with the assistance of Dyfed Powys Police and the Welsh Government, hoping that nobody would find out?

For the safety of those thousands of visitors to Glanusk Estate, let’s hope the festival organisers ask some probing questions.

UPDATE 3 July 2016: Further statement from Glanusk Estate here

Mass raptor poisoning in Wales: location revealed

In March 2016, we blogged (see here) about the mass poisoning of raptors in 2012/2013 at an unnamed location in the Brecon Beacons National Park, Powys, Wales.

Our suspicions had been aroused when looking at raptor poisoning data published in two RSPB reports (Birdcrime 2012; Birdcrime 2013). We were very interested in a cluster of incidents (24, to be precise) during this period, all listed as ‘Powys’ and all involving the poison Bendiocarb. Those 24 incidents included nine poisoned baits and 15 poisoning victims, as follows:

9 x poisoned pheasant baits

2 x poisoned ravens

5 x poisoned red kites

8 x poisoned buzzards

An FoI was submitted to Dyfed-Powys Police to determine whether all these poisoning crimes had occurred at the same location (answer: yes) and whether any prosecution had been forthcoming (answer: no).

We were curious about why there had been no media coverage of this case, it being “the most significant wildlife poisoning incident in Wales and the second highest recovery of poisoned raptors in the UK in the last 40 years”, according to the RSPB (see here). We’d suggested that there had been a police ‘cover-up’, an accusation that Dyfed-Powys Police denied (see here). We still think there was some level of cover-up, not so much with the police investigation per se, but rather with the lack of any subsequent publicity about this case.

Naturally, we were interested in finding out the actual location of this mass raptor poisoning and we firmly believe it’s in the public interest that the location is named, but we didn’t have much to go on, other than it happened on a pheasant-shooting estate within the Brecon Beacons National Park. A number of blog readers from Powys did contact us privately and each named the same estate, but if we were to publish the estate name we needed much more conclusive evidence than that.

It’s taken us a while to get there, and we’re not going to reveal exactly how we got there because we know, from past experience, that as soon as we reveal information sources the authorities do their utmost to make access more difficult (e.g. by deliberately withholding data from official reports, see here) but after a series of FoIs and scrutiny of several indirect Government databases, we’re now in a position to name the location of the mass poisoning of raptors in 2012/2013 as the Glanusk Estate, Powys.

Glanusk Estate

Glanusk Estate is privately owned and run by Dame Elizabeth Shan Josephine Legge-Bourke, her son Harry Legge-Bourke and his wife Iona Legge-Bourke (see here).

Shan Legge-Bourke was appointed lady-in-waiting to Princess Anne in 1987, was High Sheriff of Powys in 1991, has been the Lord Lieutenant of Powys (the Queen’s personal representative) since 1998 and became Dame Commander of the Royal Victorian Order in the 2015 New Year Honours.

Shan Legge-Bourke’s daughter, Tiggy Legge-Bourke, was nanny to Princes William & Harry and worked as a personal assistant to Prince Charles between 1993-1999.

Shan Legge-Bourke’s son, Harry Legge-Bourke, is a partner in the management of Glanusk Estate and served on the Board of Natural Resources Wales (the Welsh statutory conservation agency) between 2012-2015 (the same time the mass poisoning of raptors was taking place on Glanusk Estate).

The Queen visited Glanusk Estate in 2012 as part of her Diamond Jubilee celebrations (see here).

Could these strong royal connections explain why Dyfed-Powys Police were so reluctant to publicise the criminal activities taking place on Glanusk Estate? Who knows? Interesting though, isn’t it?

Now, we’re not suggesting for one minute that the Legge-Bourke family was in any way involved with the mass poisoning of raptors on Glanusk Estate, although it’s more than likely that the family would have become aware of what was going on when the police raided the estate in 2013 armed with search warrants and arrested two people (see police statement here).

As far as we can tell, Glanusk Estate offers walked-up grouse shooting (only 3-4 brace at a time – see here) but, like many large, privately-owned estates, the more commercial pheasant shooting is not run by the estate but is managed by an independent company, in this case, Mark Coleman Sporting & Game.

Mark Coleman Sporting & Game

According to the Mark Coleman Sporting & Game website (here), which, incidentally, features the logos of GWCT, Countryside Alliance and the National Gamekeepers Organisation, Mark Coleman operates two pheasant shoots: one at Glanusk Estate and the other at Stoke Edith Estate in nearby Herefordshire.

Stoke Edith is a close neighbour of the Sufton Estate. Some of you may recognise that name. In 2010, an under-gamekeeper from the Sufton Estate was convicted of 17 wildlife crime offences, including the use of Bendiocarb to poison raptors (see here). In the same year, the Sufton Estate Head gamekeeper was convicted of running a cannabis factory on the estate and was sentenced to two years’ imprisonment (see here).

Amazingly, according to this article published in Fieldsports magazine: glanusk_fieldsport_article-1, the Head gamekeeper now at Glanusk Estate, employed by Mark Coleman, is someone with the same name as that convicted Head gamekeeper from Sufton Estate. Imagine that! It surely can’t be the same person, because, as we’re so often told, criminal gamekeepers are not tolerated by the shooting industry, right?

But Mark Coleman employs another gamekeeper who also has a familiar name. According to this Fieldsports magazine article: stoke_edith_fieldsport_article-1, a gamekeeper employed by Mark Coleman on the Stoke Edith Estate shares the same name as a gamekeeper convicted of killing raptors and badgers on a shooting estate in Herefordshire in 2008. Imagine that! It surely can’t be the same person, because, as we’re so often told, criminal gamekeepers are not tolerated by the shooting industry, right?

We are, of course, in no way suggesting that Mark Coleman or any of his employees had any involvement or knowledge of the mass poisoning of raptors at Glanusk Estate, although, just like the Legge-Bourke family, it’s probably fair to assume that Mr Coleman was made aware of these crimes when the police raided Glanusk Estate in 2013 and found the 15 poisoning victims very close to some pheasant pens.

We’d love to know whether the Glanusk Estate and/or Mark Coleman Sporting & Game and/or Dyfed-Powys Police made any effort to warn the 20k guests who visit the annual Green Man Festival at Glanusk Estate about the discovery of poisoned baits and birds found strewn around the grounds.

According to the statement issued by Dyfed-Powys Police (here), the Crown Prosecution Service decided against charging anybody for the mass poisoning of raptors at Glanusk Estate in 2012/2013 because there was insufficient evidence to identify an individual culprit. Whoever did it has got away with it, like so many of these raptor killers do.

But this wasn’t just any old raptor poisoning. This was a mass raptor poisoning, the most significant ever uncovered in Wales, and the second biggest discovery of poisoned raptors in the UK in the last 40 years. And it happened on a prominent estate, within the Brecon Beacons National Park, over the period of a year. How can someone get away with that? And how can the authorities get away with keeping quiet about it?

And what about a subsidy penalty for the estate? These poisoning crimes were obviously in breach of cross-compliance regulations, in the same way that the mass poisoning of raptors at Stody Estate (Norfolk) was also a breach, which resulted in a huge financial penalty for the estate, imposed by the Rural Payments Agency (see here).

We’ve done some digging about a potential subsidy withdrawal at Glanusk and we’ll be blogging about that shortly.

Photo of one of the poisoned red kites found on Glanusk Estate, by Guy Shorrock (RSPB)

UPDATE 2 July 2016: Statement from Glanusk Estate here

UPDATE 3 July 2016: Further statement from Glanusk Estate here

UPDATE 4 July 2016: No subsidy withdrawal for mass poisoning of raptors on Glanusk Estate here