Posts Tagged ‘buzzard



19
Aug
19

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).

[Convicted wildlife criminal Alan Wilson, a member of the Scottish Gamekeepers Association. Photo by ITV Border]

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).

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24
Jul
19

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).

23
Jul
19

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: herehere here  here herehere, here, here, here here.

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

 

14
Jun
19

Case against Scottish gamekeeper accused of 12 alleged wildlife crimes: trial adjourned

Two years on, and the trial against Scottish gamekeeper Alan Wilson, who is accused of committing 12 alleged wildlife crimes, has been adjourned before it even started.

Mr Wilson, 60, is 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 faces charges of using a snare likely to cause partial suspension of an 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 believe he is accused of the alleged possession of the banned pesticide, Carbofuran.

Mr Wilson pleaded not guilty to all charges at an earlier hearing in May and his trial was due to begin yesterday (13th June 2019) at Jedburgh Sheriff Court.

For reasons unknown to us, the trial has been adjourned. We don’t yet know if it will be rescheduled and if so, when that might be.

Previous blogs about this case: see herehere here  here herehere and here

Please note: we will not be accepting comments on this news item until legal proceedings have concluded. Thanks.

13
Jun
19

Two red kites poisoned in south Scotland: tests awaited on third

From BBC Scotland today:

Kirkcudbright red kites were poisoned, tests reveal

Tests have confirmed that two out of three red kites found dead in southern Scotland last month were illegally poisoned. The birds were discovered near Kirkcudbright in early May. Post mortem examinations have shown illegal pesticides were used to kill two of the birds with results on the third still awaited.

[Red kite photo from Scottish Raptor Study Group]

Police said an investigation was ongoing and have asked for help from the public with information.

Det Con Gary Story said they were working closely with the Scottish SPCA and Science and Advice for Scottish Agriculture. “What we have established is that illegal pesticides have been used to kill two of the birds,” he said. The pesticides identified have been banned in the UK for many years but despite this there would still appear to be those who leave out poisoned bait, whether that is to target crows, foxes, raptors or other wildlife.

The use of such poisoned bait is illegal and totally unacceptable and those responsible should understand that their unlawful activities not only serve to have devastating consequences on their intended targets but also on various other forms of wildlife.”

He said they were “absolutely determined” to put a stop to the deaths and were working with landowners and farmers and RSPB Scotland as part of their investigation.

We have also carried out a number of land searches in the vicinity of where the birds have been located with a view to trying to locate poisoned bait at these locations,” he said. “It is anticipated that further land searches will take place in the near future.”

Scottish SPCA inspector Paul Tuchewicz said two dead red kites had been found within 50 yards of one another near Kirkcudbright on 10 May. “One of the birds had a tracker and we were able to check the last known location of the kite, which was a nest,” he said. “The nest was being used by ravens when we found it. After post mortem, the birds were found to have been poisoned with a banned substance.”

The third bird was found within 100 yards of the same location on 15 May.

A red kite trail in Dumfries and Galloway is reckoned to be worth millions of pounds to the local economy.

A study in 2017 said the Galloway Kite Trail had generated more than £8.2m since it was launched in 2003.

ENDS

These poor kites are the latest victims in a spate of illegal poisonings in south Scotland.

Between January and May 2018 four red kites and buzzards were illegally poisoned in Dumfries & Galloway (see here).

There was also the poisoned peregrine found in the Pentlands in May 2018 (here).

And then in December 2018 a buzzard was found poisoned near Mauchline (here).

Now we learn that at least two red kites have been found poisoned in May 2019 and potentially another one, test results pending.

So much for SNH’s claim in August 2018 that they were “reassured that raptor persecution is not an issue” in this region. Idiots.

It’s good to see strong statements of condemnation from Police Scotland and the SSPCA and confirmation that land searches have taken place and more are anticipated.

Let’s see how Scottish Ministers respond to this news. They said nothing about the recent illegal poisoning of birds in the Cairngorms National Park – are they also going to ignore more poisoning crimes in south Scotland?

12
Jun
19

Buzzard found shot dead in North York Moors National Park

Yet another buzzard has been found shot dead in the North York Moors National Park according to a tweet by the brilliant Jean Thorpe, wildlife rehabber extraordinaire, on 5 June 2019:

“Shotgun shot buzzard Bransdale Moor, North Yorkshire. National Trust land. Any info please to PC Jez Walmsley, Wildlife crime officer Malton. Yet ANOTHER”.

The x-ray is a bit hard to comprehend, although the spine is clear as is at least one shotgun pellet.

We haven’t been able to find out any further information about this crime.

It’s not the first time raptors have been found illegally killed here. In 2010 a shot goshawk was found at Bransdale (see here) and a post mortem reportedly revealed it had also been poisoned (see here).

In 2012 a walker crossing the moorland in Bransdale found a dead sparrowhawk, also reported to have been shot (see here).

The National Trust owns the land in the valley in Bransdale, ‘surrounded by dramatic open moorland’ which has been described elsewhere as ‘the premier grouse shooting estate in the North York Moors area‘ and ‘one of the country’s most prolific grouse moors‘. Obviously it’s not known whether the buzzard was shot on National Trust property, or on the surrounding grouse moors, or even further further afield and then collapsed at Bransdale.

What is known is that this is yet another raptor persecution crime in North Yorkshire, inside the North York Moors National Park.

Why hasn’t this crime been publicised?

29
May
19

Case against Scottish gamekeeper accused of 12 wildlife crimes proceeds to trial

The case against a south Scotland gamekeeper has continued this week with an intermediate diet (a type of court hearing) and he has pleaded not guilty to a number of alleged offences.

Alan Wilson, 60, is 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 faces charges of using a snare likely to cause partial suspension of an 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 believe he is accused of the alleged possession of the banned pesticide, Carbofuran.

Due to Mr Wilson’s not guilty plea, this case will now proceed to trial at Jedburgh Sheriff Court on 13 June 2019.

Previous blogs about this case: see herehere here  here here and here.

Please note: we will not be accepting comments on this news item until legal proceedings have concluded. Thanks.




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