Posts Tagged ‘buzzard

17
Apr
17

Vicarious liability prosecution abandoned as ‘not in public interest to continue’

Last week we blogged about the Crown Office dropping all proceedings against landowner Andrew Walter Bryce Duncan, who was alleged to be vicariously liable for the criminal actions of his gamekeeper, William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Mr Dick was sentenced in September 2015 and was given a £2000 fine (see here). Mr Dick appealed his conviction but this appeal was rejected on 15 July 2016 (see here).

The Crown Office & Procurator Fiscal Service (COPFS) began vicarious liability proceedings against Mr Duncan in August 2015 but the case was repeatedly adjourned (a total of 13 court hearings) with two trial dates assigned but then later dropped (see here). These repeated delays were due in part to gamekeeper Dick’s appeal against his conviction but in part for other reasons which have not been explained.

As the third trial date (24 April 2017) approached, we were somewhat surprised to learn last week that the case had been abandoned. We asked COPFS why this had happened and this is their response:

All cases are continually kept under review, and after taking consideration of the full circumstances of this case, and all of the available evidence, Crown Counsel concluded that it was not in the public interest to continue the case to trial.

COPFS remain committed to tackling raptor persecution and there is a strong presumption in favour of prosecution of the cases reported to us where there is sufficient evidence and it is in the public interest to do so“.

There is no detail about why proceeding to trial ‘was not in the public interest’ and indeed, the COPFS does not have to disclose this information. We do know that the COPFS Prosecution Code outlines a large number of factors that are to be considered for a public interest test, including:

  • The nature and gravity of the offence
  • The impact of the offence on the victim and other witnesses
  • The age, background and personal circumstances of the accused
  • The age and personal circumstances of the victim and other witnesses
  • The attitude of the victim
  • The motive for the crime
  • The age of the offence
  • Mitigating circumstances
  • The effect of prosecution on the accused
  • The risk of further offending
  • The availability of a more appropriate civil remedy
  • The Powers of the court
  • Public concern

Without knowing the specific details of the evidence in this case it is pointless to speculate about why the case was abandoned (and for anyone commenting on this post, please be careful not to libel Mr Duncan). We just have to accept that it was abandoned, as frustrating as that is, but we do hope that the COPFS will share some detail with the reporting agencies so that lessons can be learned for future cases.

Journalist Rob Edwards has written an interesting piece about the case, published today on The Ferret website (here), which includes some news about the Newland Estate’s membership of Scottish Land & Estates and its accredited membership of the SLE-administered Wildlife Estates Scotland initiative.

In a wider context, this abandoned case is highly significant. Contrary to the COPFS’ decision, there is huge and legitimate public concern and interest about wildlife crime enforcement, particularly in respect to raptor persecution crimes. The Scottish Government is keenly aware of this and has come under increasing pressure in recent years to introduce new measures to tackle the problem. Vicarious liability was one of those new measures (introduced on 1 January 2012) but to date, only two cases have resulted in a conviction: one in December 2014 (see here) and one in December 2015 (see here). Both related to raptor persecution on low ground shoots, not on intensively managed driven grouse moors where raptor persecution is known to still be a common occurrence. One further case in October 2015 did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).

Given the low success rate of vicarious liability, alongside the continued illegal persecution of raptors on game-shooting estates, it is clear that the Scottish Government needs to do more.

Tomorrow, the Scottish Parliament’s Environment Committee will hear evidence from the Scottish Raptor Study Group (Logan Steele & Andrea Hudspeth) in support of their petition to introduce a state-regulated licensing scheme for all game bird shooting in Scotland. Part of this licensing scheme would include provisions for sanctions against estates where raptor persecution takes place. Evidence will also be heard from various stakeholders including RSPB Scotland (Duncan Orr-Ewing), Scottish Gamekeepers’ Association (Andy Smith), SNH (Robbie Kernahan) and Scottish Land & Estates (David Johnstone). The evidence session begins at 10am and can be watched live on Scottish Parliament TV (here) and we’ll post the transcript when it becomes available later in the week.

12
Apr
17

Buzzard, raven & crow shot in Brecon Beacons National Park

The RSPCA is appealing for information after the shooting of three birds in the Brecon Beacons National Park.

A member of the public discovered a dead raven and a dead buzzard near Pen-y-Cae on 5 April 2017. They were taken to the RSPCA’s Merthyr Tydfil clinic where x-rays revealed they had been shot with a pellet gun (x-ray image by RSPCA).

An injured crow was rescued but later euthanised due to its injuries.

Local residents have reported seeing an unusual white van parked in the area around 5 April.

Anyone with information is urged to contact the RSPCA Appeals Line, in confidence, Tel 0300-123-8018.

BBC news article here

ITV news article here

11
Apr
17

Vicarious liability prosecution: case dropped (Andrew Duncan, Newlands Estate)

Regular blog readers will know that we’ve been tracking the vicarious liability prosecution of landowner Andrew Walter Bryce Duncan, who was alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Mr Dick was sentenced in September 2015 and was given a £2000 fine (see here). Mr Dick appealed his conviction but this appeal was rejected on 15 July 2016 (see here).

Vicarious liability proceedings against Mr Duncan began in August 2015 and the case has been repeatedly adjourned since then (a total of 13 court hearings) with two trial dates assigned but then later dropped (see here). These repeated delays were due in part to Mr Dick’s appeal against his conviction but in part for other reasons which have not been explained.

The third trial date (24 April 2017) looked set to go ahead but today we’ve learned that the Crown Office & Procurator Fiscal Service has dropped all proceedings. We do not yet know why the prosecution has been dropped.

Whatever the reason for dropping the prosecution, this result does not reflect well on the efficiency of wildlife crime enforcement measures in Scotland.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to effect over five years ago on 1st January 2012 as a provision in the Wildlife and Natural Environment (Scotland) Act 2011. It was introduced as an amendment to the draft WANE Bill in November 2010 by the then Scottish Environment Minister, Roseanna Cunningham. It was a direct response to the unrelenting problem of illegal raptor persecution and the apparent inability/unwillingness of the game shooting lobby to get their own house (grouse moors) in order.

To date there have only been two successful prosecutions/convictions: one in December 2014 (see here) and one in December 2015 (see here). Both related to raptor persecution on low ground shoots, not on intensively managed driven grouse moors. One further case in October 2015 did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here). And now this latest case has failed, for reasons as yet unknown.

Two successful prosecutions in five years is not very impressive, and won’t be much of a deterrent for those who continue to kill raptors safe in the knowledge that the probability of being caught, prosecuted and convicted is still virtually nil.

20
Mar
17

RSPB offers £1,000 reward for info on two shot buzzards in North Yorkshire

A week ago we blogged about the discovery of two dead buzzards found in North Yorkshire (see here).

One had been found shot near East Lutton and the other one had been found shot near Helmsley in the North York Moors National Park.

The Northern Echo has now run with an article about these shootings (here) and the RSPB is offering a £1,000 reward for any information which leads to a successful conviction.

Conversely, the Yorkshire Post has published an article about the ‘value’ of gamekeepers in North Yorkshire (see here). One of the gamekeepers, Michael Wearmouth from the Rosedale and Westerdale Estate, is quoted: “Mr Packham and others who don’t understand shooting at all are trying to make everybody hate us“.

Nope, sorry Michael, it’s not Chris Packham et al at whom who you need to be pointing the finger, it’s the criminals from within your own industry who are causing public outrage by continuing to kill birds of prey, over 60 years since it became an offence. Just last year an horrifically injured buzzard was discovered on a Westerdale grouse moor and it wasn’t an isolated crime. North Yorkshire continues to hold the record for the highest number of reported raptor crimes in the UK.

18
Mar
17

Ross-shire Massacre: three years on

Today marks the three year anniversary of the mass poisoning of red kites and buzzards at Conon Bridge in the Scottish Highlands – a crime that became known as the Ross-shire Massacre.

A total of 22 dead raptors (16 red kites and 6 buzzards) were discovered in a small geographic area over a number of weeks, beginning on 18 March 2014. Toxicology tests confirmed that 16 of these raptors (12 red kites and 4 buzzards) had been poisoned with a banned substance. Police Scotland has so far refused to name the poison, ‘for operational reasons’.

Nobody has ever been charged in connection with this crime.

Under Scottish law, there is a three year time limit for bringing a prosecution for offences committed under the Wildlife & Countryside Act (in England the time limit is two years). The clock starts ticking from the date the offence was commissioned. Three years later, the case becomes ‘time barred’ and even if the culprit is identified after this date, a prosecution under the Wildlife & Countryside Act is not possible.

We’ve been waiting for this three-year anniversary to arrive because we’ve got quite a bit to say about this case, particularly the police investigation, but we’ve been unable to publish these comments while the case was still considered ‘live’. Once the three-year anniversary was reached, we expected to be able to write a blog about the string of police cock-ups without worrying about legal restrictions and compromising the investigation.

However, it has been suggested to us that the three-year time bar may not take effect until the third anniversary of the last dead bird’s discovery, rather than the third anniversary of the actual poisoning offence. This seems a bit of a stretch to us (we believe there was only one poisoning offence, on 18 March 2014, not a series of them) but, as we’re not lawyers, we need to tread carefully and err on the side of caution.

We’re not entirely certain of the date the last dead raptor was found at Conon Bridge, although we blogged about it on 26 April 2014. Because of this uncertainty, we will not be blogging about this case until early May, just to be absolutely sure that we’re not compromising any chance of someone being prosecuted for this crime (yes, highly unlikely, we know, but we have to play the game or face a charge of contempt).

More in May. In the meantime, for anyone who wants to read what we’ve previously written about this fiasco, click here and scroll through the pages.

12
Mar
17

Two more buzzards shot dead in North Yorkshire

Two buzzards have been found shot dead in separate incidents in North Yorkshire.

One was found with shot gun injuries near East Lutton and the other one was found with shot gun injuries at Sutton Bank top near Helmsley in the North York Moors National Park.

Information and photos from Jean Thorpe (Ryedale Wildlife Rehabilitation Centre).

No further details available but hopefully North Yorkshire Police will issue a press release soon.

If you have any info please contact Police Wildlife Crime Officer Jez Walmsley: jeremy.walmsley@northyorkshire.pnn.police.uk 

23
Feb
17

Buzzard shot dead in Nidderdale, North Yorkshire

nyorks-policeNorth Yorkshire Police have issued the following press release:

Buzzard shot in Nidderdale Area of Outstanding Natural Beauty

North Yorkshire Police are investigating an incident in which a Buzzard was shot in the Nidderdale Area of Outstanding Natural Beauty.

A dead buzzard was found on 1 February 2017 in an area called High Skelding, near the village of Grantley It was in a small coniferous plantation close to where the Ripon Rowel footpath crosses the upper River Skell.

The police arranged for an x-ray at a local vet and this shows that the bird had been shot. It is thought to have been shot between 31st January and 1st February.

Buzzards, along with all wild birds, are protected under the Wildlife and Countryside Act 1981 and it is a criminal offence to kill or injure any wild bird. The government has set persecution of birds of prey as one of their wildlife crime action priorities.

If you have any information about this crime please contact North Yorkshire Police on 101. After being connected to North Yorkshire Police select option 1 and quote reference number 12170018791 when passing on information. Alternatively contact the investigating officer PC820 Hickson by email: bill.hickson@northyorkshire.pnn.police.uk

ENDS

A good, detailed press release and appeal to the public that has only taken three weeks, not three years, to come out (take note Police Scotland).

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 weeks ago in relation to the poisoning of red kites.




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