Posts Tagged ‘trap

25
Jun
17

Game shoot licensing discussed on BBC’s Landward programme today

Today’s edition of the BBC’s Landward programme had a small feature on proposals for the introduction of game shoot licensing, including contributions from Duncan Orr-Ewing (RSPB Scotland) and Lord David Johnstone (Scottish Land & Estates).

It is available to watch on BBC iPlayer for the next 29 days (Episode 12, starts at 17 mins – here).

We’ve reproduced the full transcript:

Presenter, Euan Mcllwraith: “The majestic golden eagle, soaring above Scottish hills. It’s an iconic image of wild Scotland. But a Government report has found that almost a third of all golden eagles which have been tracked by satellite died in mysterious circumstances, and the majority of those cases were found on land which is managed for grouse shooting. And the demise of the golden eagles has kick-started a re-examination of the way that game shooting is managed.

Game shooting is a major contributor to the Scottish rural economy and supports jobs in rural areas. But the field sport relies on there being a large population of grouse to shoot. The report’s findings led Scottish Environment Minister Roseanna Cunningham to propose an inquiry in to whether or not shooting estates should need a licence to operate.

But why would a licence protect eagles? Well at the moment, if a gamekeeper for example was caught killing a bird of prey, he might be prosecuted and in extreme cases be sent to jail, but the estate would still be allowed to carry on doing business. But the threat of a removal of a licence to operate could prove a more effective deterrent.

The proposal has delighted some groups and horrified others.

With me now are Duncan Orr-Ewing of RSPB Scotland and David Johnstone of Scottish Land & Estates.

Duncan, from your point of view, what’s the attraction of a licence, ‘cos there’s a lot of penalties at the moment, if a keeper gets convicted he goes to jail. Why a licence?”

Duncan Orr-Ewing: “Well, we very much welcome the Cabinet Secretary’s statement that she will look at options including a licensing system. The reason we support a licensing system is because we believe it will raise standards in the grouse moor sector in particular, which has a whole range of problems that have been highlighted in recent years and we think there is a need to reflect the public interest”.

Euan Mcllwraith: “David, from your point of view, you’re not in favour of licences. Why is that?”

David Johnstone: “There’s a number of reasons within that. There’s the SNH report that came out showing licensing going on around Europe, it clearly demonstrated that licensing, wildlife crime still exists in parts of Europe where licensing also takes place. But also we don’t think that it will actually be effective, we think that there are better ways of doing it that will lead to the higher standards that Duncan was talking about, creating good working relationships between ourselves and other stakeholders within, especially the Government”.

Euan Mcllwraith: “But is it not quite simple? If a nightclub has a licence, they break the rules, they go out of business. If a landowner on an estate was seen to be killing birds of prey, which does happen, you cease to have that right to run a business”.

David Johnstone: “This is a very, very different situation because within a nightclub, when a nightclub finishes business, the doors are shut and nobody else is allowed in to that nightclub at all, you control everything that’s going on. Within an estate on land in Scotland, under the 2003 Act, people have a right to roam anywhere, at any time, which we fully support, therefore you have people wandering across the land you’re managing, doing whatever they may wish to do and we have…”

Euan Mcllwraith: “Yeah, but people aren’t going to walk on to an estate and kill a bird, I mean it may happen, but the vast majority…”

David Johnstone: “I’m sorry but we have examples of people who have been interfering with legally set traps and everything else so it does happen, nefarious activity does go on, and that puts at risk people’s livelihood, their jobs, the economy, everything. You’ve got to prove you didn’t do something, as opposed to somebody proving that you did do something”.

Euan Mcllwraith: “Is that a real worry though? That an estate can go out of business, a vital part of the rural economy will cease to exist, on a very low level of proof?”

Duncan Orr-Ewing: “Look, we’re in this position because of a failure of self-regulation, despite repeated public warnings that the estate sector, particularly driven grouse moors, need to get their house in order. They have failed to deliver, that is why we’re at this point.

We believe a system of licensing can be developed, that has the right checks and balances in place, they do it in other countries, we imagine this won’t be done routinely….”

Euan Mcllwraith: “Duncan, David, I think this debate will rage for a long time to come. At the moment it’s in the hands of the Minister who will make a decision in the months and years to come”.

ENDS

When do you think Scottish Land & Estates will realise that the game’s up? That everybody, even the Scottish Government, now accepts the huge weight of evidence showing that illegal raptor persecution is undertaken as a matter of routine on many driven grouse moors?

Does David Johnstone honestly think that anybody is going to believe his inference that 41 satellite-tagged golden eagles ‘disappeared’ in suspicious circumstances on driven grouse moors as a result of ‘nefarious activity’ undertaken by random members of the public?

If he’s so sure of this (without any supporting evidence), then presumably SLE members won’t have any problem accepting the placement of monitoring cameras at raptor nest and roost sites on driven grouse moors? You’d think they’d welcome this measure, which would clear estate gamekeepers from the frame, right? It’s funny then that certain estates continue to refuse to participate in the placement of cameras by SNH’s Heads Up for Harriers project.

Lord Johnstone has used this tactic of blaming members of the public before, when objecting to the introduction of vicarious liability. In 2012 he was cited as saying there was a risk of estates being set up. Five years on, there hasn’t, as far as we are aware, been a single case of an estate being ‘set up’.

Johnstone talks about instances of interference with legally set traps as an example of ‘nefarious activity’. Yes, it does happen, although not as widely as the game-shooting industry claims (see here) and most, no, all of the examples that we’ve seen show vandalism of the trap (thus rendering it inoperable) as opposed to some random person placing illegally-set traps (e.g. pole traps, as pictured above (RSPB photo)) to infer guilt on the estate gamekeepers.

We should really be congratulating whoever is responsible for SLE’s media strategy (‘deny, deny, deny’) because the longer SLE and the grouse-shooting industry takes to accept responsibility, or continues to blame it on others, the more idiotic, the more complicit, and the more incapable of self-regulation, they look, and then the quicker a licensing regime will be imposed.

Former police wildlife crime officer Alan Stewart wrote a blog recently about the grouse shooting industry’s refusal to accept responsibility for raptor persecution and specifically about SLE’s Moorland Director Tim (Kim) Baynes’ accusations against so-called ‘extremists’ (that’ll be us) for ‘derailing progress’. It’s well worth a read – here.

08
Jun
17

Shot buzzard successfully rehabilitated and returned to the wild

Last month we blogged about this adult female buzzard that had been found ‘down, shocked and injured’ in Norton, North Yorkshire. She has severe lacerations to her head and feet, believed to have been caused by trying to escape from a cage trap. An x-ray also revealed a shotgun pellet lodged on her right leg/foot. (Photos from Jean Thorpe)

The buzzard received medical and surgical treatment from vet Mark Naguib of Battle Flatts Veterinary Clinic and then wildlife rehabilitator extraordinaire Jean Thorpe put in hours and hours of expert care, including even twice daily physiotherapy to stretch the bird’s talons to enable her to stand on her damaged foot. Jean commented, “She looks tatty headed but she is defiant and strong“.

Last week all this hard work paid off and the buzzard was successfully released back to the wild.

More brilliant work from vet Mark Naguib and as for Jean Thorpe, we’re just in awe of her. This remarkable lady has a fundraising page so if you’re able to show your appreciation and support with a donation, please do – SEE HERE.

06
Jun
17

Crown Office drops 5th case of alleged wildlife crime

Public prosecutors from Scotland’s Crown Office have dropped yet another case of alleged wildlife crime.

According to an article in the Sunday Post (see here), gamekeeper John Charles Goodenough, 32, had been charged after he was allegedly caught with illegal gin traps covered in animal blood, with dead fox cubs found nearby, in May 2016. It is reported Goodenough was employed at the time by Dalreoch Farming & Sporting Estates, owned by the well-connected Wellesley family. It was alleged that Goodenough was using the illegal traps on a neighbouring farm in Ayrshire.

The case was due to be heard at Ayr Sheriff Court on 27 March 2017 but two days prior to the hearing, the Crown Office dropped the case ‘after getting the dates wrong on its paperwork’.

This latest case brings the total of recently abandoned prosecutions for alleged wildlife crime to five. That’s five abandoned cases in the space of two months:

25 March 2017 – gamekeeper John Charles Goodenough (Dalreoch Estates), accused of the alleged use of illegal gin traps. Prosecution dropped due to paperwork blunder by Crown Office.

11 April 2017 – landowner Andrew Duncan (Newlands Estate), accused of being allegedly vicariously liable for the actions of his gamekeeper who had earlier been convicted for killing a buzzard by stamping on it and dropping rocks on to it. Prosecution dropped due to ‘not being in the public interest’.

21 April 2017 – gamekeeper Stanley Gordon (Cabrach Estate), accused of the alleged shooting of a hen harrier. Prosecution dropped as video evidence deemed inadmissible.

25 April 2017 – gamekeeper Craig Graham (Brewlands Estate), accused of allegedly setting and re-setting an illegal pole trap. Prosecution dropped as video evidence deemed inadmissible.

21 May 2017 – an unnamed 66 year old gamekeeper (Edradynate Estate), suspected of alleged involvement with the poisoning of three buzzards. Crown Office refused to prosecute, despite a plea to do so by Police Scotland.

Given how difficult it is to get just one wildlife crime case anywhere near a court, to have five abandoned in the space of two months does not inspire confidence in the criminal justice system.

In fact such was the public concern about some of these cases being abandoned due to the supposed inadmissibility of video evidence, last month the Scottish Parliament’s Environment Committee wrote to the Crown Office to ask for an explanation (see here).

The Crown Office has now responded with this: COPFS letter to ECCLR_EvidenceAdmissibility_May2017

We are not legally qualified to comment in depth about how good or how poor the Crown Office’s response is. If any of our legally-minded readers (Adam?) would like to comment, please do so.

However, what we can say is that this response does not address the question of why the Crown Office made the decision about inadmissibility instead of allowing a court to decide, as has happened in previous cases (e.g. see here).

Nor does this response address the question of why the Crown Office did not believe the RSPB ‘s explanation for their use of video surveillance for monitoring a hen harrier breeding attempt at Cabrach Estate. The Crown Office maintains, without explanation, that the RSPB had installed the video ‘for the purpose of detecting crime’, whereas the RSPB maintains the camera was installed as part of a legitimate monitoring study, an explanation which had been accepted by both the Crown and the court in a similar situation in another case (here).

The RSPB’s case is not so strong in the Brewlands Estate case, where a camera was installed to monitor an illegal pole trap (a trap that the RSPB had since made safe by flicking on the safety catch), although the circumstances might have been different had the police been able to attend the scene as soon as they were notified of an illegally-set trap. Nevertheless, the fact that the Crown Office allowed a year’s worth of court hearings to pass by before deciding to abandon this case, and their unwillingness to communicate their specific concerns to the RSPB, is yet to be adequately addressed by the Crown Office.

The Crown Office’s response also does not explain (although to be fair, it wasn’t asked to) why dropping the prosecution against Andrew Duncan for alleged vicarious liability was deemed to be ‘not in the public interest’, and nor does it explain why a prosecution was not brought against the unnamed Edradynate Estate gamekeeper for the alleged poisoning of three buzzards, despite pleas from Police Scotland to do so.

The Crown Office’s letter to the Environment Committee ends with this:

COPFS remains committed to tackling wildlife crime, including raptor persecution. There is a strong presumption in favour of prosecution in cases reported to the Service where there is sufficient admissible evidence and prosecution is in the public interest‘.

You could have fooled us.

To be honest, as frustrating as it was to see these cases abandoned for what seem to us to be spurious reasons, the Crown Office’s unimpressive performance has probably helped move things along, because these dropped cases came at the time when the Scottish Government was already under severe public pressure to do something other than make vague promises to tackle wildlife crime. That’s not to say we are pleased with the outcome of these cases – far from it – but it’s quite likely that these failed prosecutions helped tip the balance and persuaded the Scottish Government that actually, the current system is failing and they need to find new ways of addressing the problem.

14
May
17

Buzzard found with shotgun injuries in Norton, North Yorkshire

A critically injured buzzard has been found near Malton, North Yorkshire and is now in the care of specialist raptor rehabilitator Jean Thorpe.

The adult female bird was found “down, shocked and injured” on Beverley Road, Norton on 9 May 2017. She has severe lacerations to her head and feet, believed to have been caused by trying to escape from a cage trap. An x-ray also revealed a shotgun pellet lodged on her right leg/foot. (Photos from Jean Thorpe)

After a couple of days of expert care, Jean provided an update yesterday:

Shot and cage-trapped buzzard has eaten at last. Been hand feeding and she’s had lots of warm fluids. She is far from well and sadly is knuckling on the shot foot. Way to go yet“.

Anybody with information about this incident please contact Police Wildlife Crime Officer Jez Walmsley at Malton Police Station, crime ref no: NYP4710517.

Please also consider making a donation to help support Jean’s work in caring for injured wildlife – she does this on an entirely voluntary basis and it must cost her a fortune. Let’s help her to help these persecuted birds – donations here please.

North Yorkshire is consistently rated as the worst county in the UK for raptor persecution crimes, particularly against buzzards and red kites. Barely a month goes by without news of another victim. Ironically, last month North Yorkshire was declared ‘the safest area in the country’ in terms of officially recorded crime statistics (see here). Clearly, wildlife crime statistics were not included in the analysis.

UPDATE 8 June 2017: Buzzard successfully rehabilitated and returned to the wild (here)

13
Apr
17

Remember those illegal pole traps found set on Mossdale Estate?

Remember those three illegally-set pole traps that were found on the Mossdale Estate in the Yorkshire Dales National Park last year? (Photo: RSPB)

You know, the ones where a Mossdale Estate gamekeeper was filmed by the RSPB as he re-set them on posts on the grouse moor? (Photo: RSPB)

Yes, the gamekeeper who escaped with a police caution after a procedural blunder, instead of facing a full blown prosecution.

Well, guess what? Two of those traps had been used previously to illegally catch birds. How do we know? Because when those traps were seized from the Mossdale Estate, sharp-eyed and forensically-aware RSPB investigators suspected that they’d been used for trapping other birds. The traps were sent for expert examination at the Wildlife Forensics Unit at the SASA labs near Edinburgh and tests revealed the presence of kestrel DNA on one trap, and DNA from another (unidentified) falcon species on the other. (Photo: Guy Shorrock)

Unfortunately a prosecution was not possible as it wasn’t known where the traps had been used previously, when they’d been used, and by whom.

You can read more about this, and other DNA cases, on a fascinating RSPB Investigations blog written by Guy Shorrock and published earlier this afternoon (here).

29
Mar
17

Court case continues for Angus Glens gamekeeper accused of alleged pole trapping offences

Criminal proceedings continued yesterday (28 March 2017) against Scottish gamekeeper Craig Graham.

Mr Graham, 51, is accused of allegedly setting and re-setting a pole trap, baited with a pheasant carcass, on the Brewlands Estate in the Angus Glens between 9-17 July 2015. He has denied the charges.

This case was first called on 31 March 2016, then on 22 April 2016, then on 12 May 2016 when Mr Graham pleaded not guilty. A provisional trial date was set for 9th September 2016.

This trial date was later dumped (at a hearing on 16 August 2016) and another provisional trial date was set for 5th December 2016. This was also later dumped and a third provisional date (at a hearing on 5 December 2016) was set for 15 May 2017.

At yesterday’s hearing, the case was adjourned, again, for a further intermediate diet scheduled for 25 April 2017. We don’t know whether the third provisional trial date of 15 May 2017 still stands – it depends what happens at the hearing on 25 April 2017.

Previous blogs on this case herehere and here

UPDATE 25 April 2017: The Crown Office has discontinued this case – see here.

29
Mar
17

Raeshaw Estate loses judicial review on General Licence restriction

In November 2015, the Scottish Government’s statutory conservation agency, Scottish Natural Heritage, imposed a General Licence restriction order on a number of estates where it was believed raptor persecution had taken place but there was insufficient evidence to prosecute any individual (see here).

These restrictions were the first to be imposed since this new enforcement measure became available on 1 January 2014.

Two of the four estates were in Stirlingshire (the grouse shooting Burnfoot Estate and neighbouring Wester Cringate Estate, where several poisoned raptors and an illegally-set trap had been found) and two were in the Scottish Borders (the grouse shooting Raeshaw Estate and neighbouring Corsehope Farm, where illegally-set traps had been placed).

The General Licence restriction on all four estates was to run from 13 November 2015 to 12 November 2018, which meant that certain types of ‘pest’ control were prohibited unless the Estates applied for a specific individual licence that would be subject to tighter controls.

Raeshaw Estate (and neighbouring Corsehope Farm, where ‘pest’ control is undertaken by Raeshaw gamekeepers) made a legal challenge against SNH’s decision and in February 2016 they petitioned for a judicial review.

A judicial review challenges a decision made by a public body (in this case SNH) and examines whether the right procedures have been followed (i.e. with procedural fairness, within the legal powers of the public body, and with rationality).

The judicial review was heard in January 2017 and we have been awaiting the court’s judgement. It was published yesterday and can be read here: Raeshaw judicial review decision

We don’t intend to discuss the details of the court’s judgement – you can read those for yourselves (but do pay attention to the bit about the homemade trap, identical to the illegally-set homemade trap placed out on the hill, found in the possession of one of the gamekeepers – it’s quite interesting), but in summary, the court decided that SNH had acted fairly and with due regard to the stated rationale for imposing a General Licence restriction as laid out in SNH’s framework for implementing restrictions. As we understand it, there is a right to appeal to a higher court so we’ll have to wait and see whether Raeshaw Estate decides to take this option.

For now, this judgement is very, very good news. We, and others, have been highly critical of SNH’s handling of the General Licence restrictions, particularly when they subsequently issued individual licences to Raeshaw and Corsehope which effectively circumvented the supposed sanction of the General Licence restriction (see here, herehere, here). Yesterday’s court judgement does not alter our view on that and we will continue to challenge SNH about the so-called ‘tighter controls’ on these individual licences.

However, what yesterday’s court judgement does (or should) do, is open the floodgates for further General Licence restrictions to be imposed on other estates where there is evidence of raptor persecution. We know that SNH has a backlog of cases, dating back to 2014, and they’ve been sitting on those, justifiably, while the judicial review process has been underway. Now that the Court of Session has validated SNH’s procedures for imposing General Licence restrictions, we hope they will get on with handing out some more.

UPDATE 11.30am: SNH press statement here

UPDATE 30 March 2017: Judgement on Corsehope Farm: Corsehope judicial review decision




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