Posts Tagged ‘carbofuran

08
Nov
19

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.

25
Sep
19

Red kite illegally poisoned in North Yorkshire

Toxicology testing (by WIIS – Wildlife Incident Investigation Scheme) has confirmed that a dead red kite that was found ‘recently’ near Thixendale, North Yorkshire was illegally poisoned with the banned pesticide Carbofuran, according to local raptor rehabilitator Jean Thorpe.

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

[The poisoned red kite. Photo from Jean Thorpe]

 

 

30
Aug
19

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.

 

22
Aug
19

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.

20
Aug
19

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).

[Convicted criminal gamekeeper Alan Wilson photographed outside court yesterday, photo by Daily Record]

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:

 

 

 

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).

08
Aug
19

Police warning as red kite confirmed poisoned in Nidderdale AONB

Last October (2018) a dead red kite had been found near Wath, in the Nidderdale Area of Outstanding Natural Beauty (AONB), a notorious raptor persecution black spot.

An x-ray confirmed the kite had been shot and North Yorkshire Police launched an investigation. We blogged about the case here.

It seems that wasn’t the end of the story. Although the x-ray revealed two pieces of shot, these were not considered to have caused the kite’s death so it was sent off for post-mortem and toxicology examination.

The results are now back (10 months on!!) and nobody will be surprised to learn that, like so many other red kites in Nidderdale, this one had not only been shot on two separate occasions, but it had also been poisoned with a concoction of banned pesticides.

North Yorkshire Police has now issued a warning and an appeal for information as follows:

POLICE PESTICIDE WARNING AFTER DEATH OF RED KITE (8 August 2019)

Police have issued a warning about illegal pesticides, after a post-mortem concluded a red kite died as a result of pesticide abuse.

At the end of October 2018 a red kite was found dead in Nidderdale. The finder in this case was the landowner, who was concerned that criminal activity may have taken place on his land.

North Yorkshire Police arranged for the bird to be x-rayed, and this showed there were two pieces of shot in the bird. However, it was not possible to say whether these had caused fatal injuries. Police released details of the incident, and appealed for information from the public.

Officers have now completed their enquiries. The dead bird was subjected to a post mortem, which concluded that the injury caused by one piece of shot was old and had healed. The damage caused by the second piece was recent but was not a fatal injury.

The bird was then submitted to the Wildlife Incident Investigation Scheme, which is administered by Natural England. It was subjected to toxicological tests which found several poisons in the bird. The largest quantity of poison was a substance called bendiocarb, a pesticide which is licenced [sic] for use in the UK. Smaller amounts of two other pesticides, isofenphos and carbofuran, which are both illegal in the UK, were also present. The report concluded that the kite had died as a result of the abuse of several pesticides.

At this time, officers have not received any information to help them identify any suspects. Although the investigation has now concluded, anyone with any information about this incident is asked to contact North Yorkshire Police, quoting reference 12180199938.

A spokesperson for North Yorkshire Police said: “The test results suggest that someone not only has access to two illegal poisons, but is also placing them, along with a legal pesticide, into the environment so that a wild bird has been able to consume them. In addition to being poisoned, the bird had also been shot at least twice during its life.”

Red kites have been successfully re-introduced to Yorkshire, having been extinct as a breeding bird in England, and they are now a familiar sight to people in Nidderdale. All birds are protected by law and it is a crime to intentionally kill, injure, or take any wild bird. If anybody has information about persecution of birds of prey, whether by poisoning or shooting, please call North Yorkshire Police on 101.

Anyone misusing pesticides may also be committing a variety of offences. If you come across an object which you believe may be contaminated with a pesticide or other poisons, please do not handle it. Report the situation immediately to the police giving accurate details of location and why you suspect involvement of a poison.

ENDS

There’s an RSPB blog about this case here.

Interesting to note the suggestion that Bendiocarb is a pesticide that is licensed for use in the UK. Not in Scotland it isn’t – it’s one of eight pesticides that are considered so highly toxic that it’s an offence to even have them in your possession, let alone use them (the others are Aldicarb, Alphachloralose, Aluminium phosphide, Carbofuran, Mevinphos, Sodium cyanide and Strychnine).

When an opportunity arose to have these substances banned in England, the then Wildlife Minister Richard Benyon (owner of grouse moor & pheasant shoot) refused to support such a move (see here).

So, here’s yet another red kite victim to add to all the other red kite victims that have been found either poisoned or shot on or close to grouse moors in the Nidderdale AONB, along with all those missing satellite-tagged hen harriers and two shot hen harriers.

RPUK map showing the boundary of the Nidderdale AONB (yellow line), illegally killed red kites (red dots), missing satellite-tagged hen harriers (orange stars), shot hen harrier Bowland Betty (red star), shot hen harrier River (red triangle).

 




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