Posts Tagged ‘Edradynate Estate

05
Feb
19

Trial continues for (now ex) head gamekeeper of Edradynate Estate

The trial of Edradynate Estate’s former head gamekeeper, David Campbell, continued at Perth Sheriff Court in late January.

David Campbell, 69, denies that between 14 and 16 April 2017 at Edradynate Estate he maliciously damaged game crops by spraying them with an unknown substance which caused them to rot and perish.

At the time of the alleged offences, Campbell was no longer an employee of the estate, having worked there since 1983 but after falling out with the landowner, millionaire city financier Michael Campbell (no relation), his employment was terminated in February 2017. Michael Campbell told the court in November 2018 that he believed his former employee had caused the damage ‘in revenge’ (see here).

[Photo by RPUK]

A write-up of the latest court hearing appeared in the Courier & Advertiser as follows:

A disgruntled gamekeeper made sinister threats about what would happen on a millionaire’s shooting estate after he was replaced, a court has been told.

A witness described how David Campbell made the remarks to him at a drinks party some time before game crops were sabotaged on the estate.

Donnie Calder, 44, said: “The new gamekeeper had been appointed. He had stated that he was going to be putting in a lot of new game crops in various places. To the best I can remember, David said ‘as long as he had breath in his body, game crops would not be grown at Edradynaye Estate’. I didn’t really think much of it. David was bitter. He didn’t want to leave his employment as he enjoyed his job. I just assumed he decided there wasn’t going to be game crops. I don’t know why. He was quite calm. It was a matter of fact thing“.

Mr Calder told the trial at Perth Sheriff Court that he was called to the estate some time later to look at damage which had been done to a section of game crop. He said: “The game crops looked like they had been sprayed with a weed killer of some description. I was asked to look at them with the new keeper. The crops were dead. They didn’t die of natural causes – something had been used to kill them“.

Covert CCTV footage taken at the scene of the damaged crops showed a mystery person making a series of 2am raids to spray them. Estate owner Michael Campbell, 76, said he was sure the man in the video was David Campbell, owing to his “mutton chop” sideburns.

Farmer Andrew Kennedy, 62, said he was aware that the accused was “upset” about having to leave his job. “He had worked there for a long, long time and he was aware it was coming to an end, probably a career end“, he said.

The estate’s new head gamekeeper, Ian Smith, told the trial that the area was one of the best on the estate. He said that the damage would have cost “thousands”.

He told the court that the covert CCTV footage showed a “small” person in a white boiler suit spraying the crops with a backpack sprayer. He said the person, who was filmed during the early hours on two days, appeared to be wearing a head torch and a hood or mask.

ENDS

The trial will continue in March.

It might seem odd that we’re reporting on this case, and although we can’t explain that decision while this trial is on-going, all will become clear in due course.

PLEASE NOTE: We’re not accepting comments on this case until the trial concludes. Thanks.

Advertisements
19
Nov
18

Trial begins for (now ex) Head Gamekeeper of Edradynate Estate

The long-awaited trial of Edradynate Estate’s now former Head Gamekeeper began today at Perth Sheriff Court.

David Campbell, 69, denies that between 14 and 16 April 2017 at Edradynate Estate he maliciously damaged game crops by spraying them with an unknown substance which caused them to rot and perish.

At the time of the alleged offences, Campbell was no longer an employee of the estate, having worked there since 1983 but after falling out with the landowner, millionaire city financier Michael Campbell (no relation), his employment was terminated in February 2017. Michael Campbell told the court today that he believed his former employee had caused the damage ‘in revenge’.

There’s an interesting write-up of today’s proceedings here, revealing an exceptionally close working relationship between David and Michael Campbell over the years.

[RPUK map showing location of Edradynate Estate in Highland Perthshire]

[RPUK photo of the entrance to the estate]

It might seem odd that we’re reporting on this case, and although we can’t explain that decision while this trial is on-going, all will become clear in due course.

We understand the current trial against David Campbell is due to continue on 22 January 2019.

PLEASE NOTE: We’re not accepting comments on this case until the trial concludes. Thanks.

28
Jun
18

British Game Alliance: more greenwash from the shooting industry?

The UK gamebird-shooting industry is in crisis at the moment, with ever-increasing numbers of gamebirds being reared and released (estimated in the region of 50+ million pheasants & red-legged partridge each year) but supply is outstripping demand as game dealers struggle to sell the shot birds for human consumption. This has resulted in the widespread and illegal dumping of shot birds in the countryside (e.g. see here, here, here, here) which is causing serious damage to the reputation of the shooting industry.

Fearing enforced regulation, the shooting industry has come up with ‘the way forward’ and has established an organisation called the British Game Alliance, ‘the official marketing board for the UK game industry’, which, according to the Countryside Alliance, “aims to run a ‘British Game’ assurance scheme to ensure our game meets the highest standards“.

The British Game Alliance’s standards are quite high (see here for what is expected) and apparently compliance with these standards will be regulated and monitored by external auditors.

Sounds good, eh? In principle, yes, but our expectations were low in March 2018 when the Shooting Times revealed some of the individuals involved, including one name that made us laugh out loud given his links to estates with long histories of alleged (and sometimes proven) wildlife crime.

The British Game Alliance was launched with much fanfare and political support in May 2018 and we’ve been watching its website to find out which shoots (and sporting agents) have met the organisation’s ‘shoot standards’ to become listed as an ‘assured’ member. So far, the website hasn’t listed any of its assured members but promises that registered members will be ‘listed soon‘.

However, the British Game Alliance’s twitter feed (@BritishGame) has been more forthcoming. We were scrolling through this morning and were surprised to read this:

A police investigation took place at Wemmergill in 2015 after the discovery of two short-eared owls which had been shot and their corpses shoved inside a pothole (see here). There wasn’t a prosecution.

Another police investigation took place at Wemmergill in February this year following the sudden and explicable ‘disappearance’ of satellite-tagged hen harrier Marc (see here).

Even more surprising to read on the British Game Alliance’s twitter feed was this:

Edradynate Estate will be a familiar name to regular readers of this blog.

It is currently serving a three-year General Licence restriction imposed by SNH following sufficient evidence (substantiated by Police Scotland) that raptor persecution has taken place but insufficient evidence to prosecute a named individual (see here).

Edradynate Estate has been at the centre of investigations for alleged wildlife crime for a very, very long time. It’s well worth reading an earlier summary we wrote (here) which includes some fascinating commentary about the estate by former RSPB Investigator Dave Dick, who claimed as far back as 2004 that the estate was “among the worst in Scotland for wildlife crime“, and commentary by former Police Wildlife Crime Officer Alan Stewart, who said in 2005, “Edraynate Estate has probably the worst record in Scotland for poisoning incidents, going back more than a decade“.

The details involve a disturbingly high number of poisoned birds and poisoned baits that were found over the years, as well as a number of dropped prosecution cases. The most recent dropped prosecution case came just last year, when the Crown Office refused to prosecute an Edradynate gamekeeper for alleged buzzard poisoning, despite Police Scotland urging otherwise (see here).

Despite at least 22 police investigations over several decades (according to Alan Stewart), nobody from Edradynate Estate has ever been successfully prosecuted for any of these alleged wildlife crimes.

And there lies the problem with the British Game Alliance’s shoot standards. If you look at shoot standard #19, ‘Where a shoot or its employees are successfully prosecuted for wildlife crimes, the shoot will be expelled from the BGA and their membership revoked‘.

Given the well-documented difficulties of securing a successful prosecution for wildlife crime, which is an issue even recognised by the Scottish Government, hence the recent introduction of General Licence restrictions, it’s quite clear that some undeserving estates will get the official seal of approval from the British Game Alliance, thus reducing any confidence the public may have had in this well-intentioned scheme.

08
May
18

Three dogs & two buzzards die after being ‘deliberately poisoned’ in Perthshire

BBC News article (8 May 2018):

DOGS AND BUZZARDS DIE AFTER BEING DELIBERATELY POISONED

Police in Highland Perthshire are appealing for information after three working dogs and two buzzards were deliberately poisoned.

The incidents took place between October 2017 and April this year in and around the Edradynate and Pitnacree Estates area.

The poisons used to kill the dogs and birds are banned in the UK.

[Photo of a poisoned buzzard found in the area in 2015, by RPUK]

A Police Scotland spokesman said the animals’ owners were “understandably upset” at the loss of their dogs.

He said: “Once again, we also find ourselves investigating the illegal killing of raptors and this is extremely disappointing.

We have searched the areas and our investigations to date would suggest that there is not a wider threat to public safety.

However, all members of the public in the area are asked to remain vigilant and report any suspicious behaviour, especially during the hours of darkness.”

ENDS

Hmm. Edradynate Estate has been at the centre of investigations for alleged wildlife crime for a very, very long time. It’s well worth reading an earlier summary we wrote (here) which includes some fascinating commentary about the estate by former RSPB Investigator Dave Dick, who claimed as far back as 2004 that the estate was “among the worst in Scotland for wildlife crime“, and commentary by former Police Wildlife Crime Officer Alan Stewart, who said in 2005, “Edraynate Estate has probably the worst record in Scotland for poisoning incidents, going back more than a decade“. The details involve a disturbingly high number of poisoned birds and poisoned baits that were found over the years, as well as a number of dropped prosecution cases (nobody has ever been convicted for any of the alleged offences). The summary also includes information about links between the estate and the Scottish Gamekeepers’ Association.

[Edradynate Estate, photo by RPUK]

More recently, in March 2015 two dead buzzards were found near to the estate. Toxicology tests revealed they’d been poisoned with a banned substance (although the name wasn’t revealed). A police raid of the estate uncovered a third dead buzzard. A thorough police investigation followed but in May 2017 the Crown Office rejected a plea from Police Scotland to bring proceedings against an estate gamekeeper (see here). The Crown Office has so far not provided a clear explanation for this decision.

However, in September 2017 SNH imposed a three-year General Licence restriction on Edradynate Estate, presumably in response to the alleged buzzard poisonings in 2015 (see here). Some felt sympathy for the new gamekeeper who would now be subjected to these restrictions even though he’d only just begun his employment following the ‘retirement’ of the previous Head gamekeeper in February 2017.

And talking of that previous Head gamekeeper, you may remember last year he was charged with a number of offences including the alleged malicious damage of crops on Edradynate in April 2017 (it is claimed he poisoned them by spraying with an unknown substance, causing them to rot and perish) and the alleged theft of a thermal imaging spotting scope (see here). This resulted in some court proceedings that were mysteriously shrouded in secrecy (here).

Presumably he has pleaded not guilty as we now know a trial will take place at Perth Sheriff Court on 11 June 2018 for alleged ‘malicious mischief’.

27
Sep
17

Evidence of wildlife crime results in General Licence restriction on Edradynate Estate

As many of you will know, SNH has the ability to impose a three-year General Licence restriction order on land, or on an individual, where there is sufficient evidence, substantiated by Police Scotland, that raptor persecution has taken place (see SNH framework here).

This measure, based on a civil burden of proof, was introduced by then Environment Minister Paul Wheelhouse in 2013 in response to the continuing difficulties of meeting a criminal burden of proof to facilitate a criminal prosecution. The measure became available for incidents that occured on or after 1 January 2014.

Photo of a poisoned buzzard (RPUK)

Since then, only two restriction orders have been imposed, both in November 2014: one for the Raeshaw/Corsehope Estates in the Scottish Borders, and one for the Burnfoot/Wester Cringate Estates in Stirlingshire (see here for details, and an explanation of what a General Licence restriction actually means).

As you’ll also probably be aware, Raeshaw Estate and Corsehope Estate made a legal challenge to SNH’s decision and this resulted in a judicial review. The judicial review dragged on for some time but eventually concluded in March this year, and the court found that SNH had acted fairly and that the General Licence restriction at Raeshaw Estate and Corsehope Estate should remain in place (see here).

While this legal challenge was underway, SNH, quite reasonably, did not impose any further General Licence restrictions, even though there were plenty of candidate estates to consider. Once the legal argument had been settled, we expected SNH to open the floodgates and impose many more restriction orders for offences that had taken place since January 2014. We asked SNH about this in June 2017 and we were told that two notifications were underway, relating to offences in Perthshire and Aberdeenshire, although no further details were given at that time, presumably as SNH was giving the affected parties time to respond/appeal. Fair enough.

Today, SNH has announced that two General Licence restriction orders have been imposed in two separate cases.

The first of those cases relates to Edradynate Estate in Perthshire: SNH_GL Restriction Notice_Edradynate Estate_15Sept2017

Here is the decision notice:

And here is the estate boundary map to which the General Licence restriction applies for the next three years:

For the next three years, Edradynate Estate will no longer be able to enjoy the privilege of using General Licences 1, 2 or 3, but the estate will be entitled to apply for the use of an Individual Licence that will allow them to kill certain bird species but under closer scrutiny than if the estate was using a General Licence. We’ll be monitoring the use of any Individual Licences that SNH approves for this estate, and, if there is any breach of the licence conditions, we fully expect SNH to revoke the Individual Licence just as they did for Raeshaw Estate earlier this year.

SNH has not provided any information about the Police Scotland evidence used as the basis for this General Licence restriction order on Edradynate Estate. However, it’s probably a fair assumption that it relates to the alleged poisoning of several buzzards in 2015. This is one of the five prosecution cases that the Crown Office dropped earlier this year, without explanation. The case did not involve video evidence, as some of the others did, and the case was dropped by the Crown despite a plea from Police Scotland to proceed (see here).

We’ve been blogging about Edradynate Estate for a very long time. It’s well worth reading an earlier summary we wrote (here) which includes some fascinating commentary about the estate by former RSPB Investigator Dave Dick, who claimed as far back as 2004 that the estate was “among the worst in Scotland for wildlife crime“, and commentary by former Police Wildlife Crime Officer Alan Stewart, who said in 2005, “Edraynate Estate has probably the worst record in Scotland for poisoning incidents, going back more than a decade“. The details involve a disturbingly high number of poisoned birds and poisoned baits that were found over the years, as well as a number of dropped prosecution cases (nobody has ever been convicted for any of the alleged offences). The summary also includes information about links between the estate and the Scottish Gamekeepers’ Association.

Now, whether you think a General Licence restriction order is a sufficient sanction against this estate is open to debate. However, while we wait for the Scottish Government to get on with estate licensing, a General Licence restriction order is all that is currently available, so well done to SNH for imposing the General Licence restriction order on this particular estate and for being semi-transparent about the details.

Unfortunately, we can’t say the same about the second General Licence restriction order that SNH has just imposed. We’ll be blogging about that one in the next blog…..it’s an absolute shocker.

Edradynate Estate (photo by RPUK)

UPDATES:

RSPB press statement here

SNH imposes General Licence restriction on ‘mystery’ gamekeeper (here)

More on the mystery gamekeeper with the General Licence restriction (here)

25
Sep
17

Secret trial for Edradynate Estate gamekeeper

Back in June we blogged about the prosecution of former Edradynate Estate gamekeeper David Campbell for alleged offences including the malicious damage of crops (it is claimed he poisoned them by spraying with an unknown substance, causing them to rot and perish) and the alleged theft of a thermal imaging spotting scope (see here).

What fascinated us about this case was that the Crown Office deemed the charges sufficiently serious to begin proceedings ‘by petition’ – only serious cases are begun by petition and may be heard in the Sheriff Court or a higher court.

Contrast the Crown Office’s approach in this case with that of its approach in another case involving an unnamed Edradynate Estate gamekeeper, in relation to the alleged poisoning of several buzzards. Despite a plea from Police Scotland to proceed with a prosecution, the Crown Office decided to drop the case earlier this year with just a vague (and unsatisfactory) explanation (see here). We’re now waiting to see whether SNH will impose a General Licence restriction on the estate in relation to these and other alleged wildlife crimes.

But back to the alleged poisoning of crops and theft of estate equipment. We wanted to track this case so we called the Sheriff’s clerk to ask when the next hearing was due. The clerk was polite but firm; he couldn’t tell us because it was a secret. He didn’t actually use the word ‘secret’ but by telling us that he wasn’t allowed to provide any information, effectively he was saying it was a secret.

Eh? All we wanted to know was the date of the next hearing. We weren’t asking for any details about the case, the charges or whether the accused had entered a plea. Just the date of the next court hearing.

The clerk told us that all information relating to proceedings by petition were not for public release. We mentioned that this seemed a bit strange given that the details of the first court hearing back in June had been published in the local newspaper. He seemed a bit perplexed by this and went off to check with his manager. He came back and said he couldn’t tell us anything.

Excellent.

If there are any lawyers reading this blog who could explain why this case is shrouded in secrecy, given that it doesn’t appear to relate to a minor or to national security, we’d be very interested to hear those thoughts.

22
Jun
17

Edradynate Estate gamekeeper in court for alleged crop poisoning

Well this is absolutely fascinating.

From the Courier & Advertiser (Perth & Perthshire edition), 22 June 2017:

Gamekeeper in court over estate crop poisoning allegation.

A senior gamekeeper has appeared at Perth Sheriff Court accused of poisoning crops on a Perthshire estate. David Campbell was working on the Edradynate Estate, near Aberfeldy, when he is said to have committed the offence.

A charge alleges he maliciously damaged the crops between April 14 and 16 this year by spraying them with an unknown substance, causing them to rot and perish. The 69 year old is also said to have stolen a thermal imaging spotting scope.

He made a brief appearance on petition before Sheriff William Wood at Perth Sheriff Court and made no plea or declaration. Campbell had his case continued. He was released on bail.

ENDS

You might be wondering why we’re blogging about this? The simple answer – we are very interested in the Edradynate Estate and have been for a long time as it has repeatedly been at the centre of police wildlife crime investigations (particularly the alleged poisoning of birds of prey) although nobody has ever been convicted.

Most recently (May 2017) our interest has been in relation to the Crown Office’s refusal to prosecute an unnamed Edradynate gamekeeper for alleged offences relating to the poisoning of several buzzards, despite a plea from Police Scotland to proceed (see here). The Crown Office has not provided an explanation about why this decision was taken (video evidence was not involved), other than to say:

The Procurator Fiscal received a report concerning a 66-year-old man, in relation to alleged incidents between 18 March and 4 June 2015. Following full and careful consideration of the facts and circumstances of the case, including the available admissible evidence, the Procurator Fiscal decided that there should be no proceedings taken at this time. The Crown reserves the right to proceed in the future should further evidence become available.”

As the alleged wildlife crime offences took place in 2015, the case will not become time barred until June 2018 so there may still be a prosecution, although we won’t be holding our breath given the Crown Office’s recent performances in this area (five cases of alleged wildlife crime dropped in the space of two months).

It’s ironic then, that an Edradynate Estate gamekeeper (although we understand this particular gamekeeper left Edradynate at the end of Jan 2017, despite what was reported in the Courier) has been charged with an alleged poisoning offence – not of a protected raptor species, but of a crop. That in itself is fascinating, but even more interesting is that this charge is deemed sufficiently serious for the Crown (prosecutors) to begin proceedings by petition (before deciding whether to prosecute on indictment or by summary complaint). Only serious cases are begun by petition.

We’ll be tracking this case with great interest.

Please note: if you decide to comment on this specific blog, please remember that this case and the alleged wildlife crime offences from 2015 are still ‘live’ and at this stage the offences are only alleged. Please think carefully about your choice of words. Thanks.




Enter your email address to follow this blog and receive notifications of new posts by email.

Blog Stats

  • 4,880,338 hits

Archives

Our recent blog visitors

Advertisements