Legal Eagle 71
Transcription
Legal Eagle 71
Section heading The RSPB’s investigations newsletter November 2013 No 71 Legal eagle Buzzard basher escapes jail First Scottish conviction under Habitats regulations Prison sentence for clam and coral smuggler Raptor centre owner jailed Edinburgh Woollen Mill owner fined nearly £1 million for damaging SSSI woodland Edwin Kats (rspb-images.com) In this issue: Ben Hall (rspb-images.com) Prosecutions Buzzards are magnificent birds and their presence in the countryside brings pleasure to many people A Cumbrian gamekeeper narrowly avoided jail after RSPB covert footage showed him killing two buzzards in his cage trap. Leniency due to ill health was possibly all that stood between a buzzard killer and prison on 8 July 2013, at Carlisle Magistrates Court. Instead, the gamekeeper, who had been filmed clubbing birds of prey to death, received suspended sentences. He received a 70-day jail sentence, concurrent on each charge, suspended for 12 months. Colin Burne, 64, of Winters Park, Penrith, pleaded guilty to killing two buzzards caught on film on 12 February, killing five more on an earlier date, and going equipped with a wooden stick to kill the birds, all contrary to the Wildlife and Countryside Act 1981. The investigation first began on 11 February 2013, when a local naturalist found three live buzzards in a cage trap at Whinfell Plantation, Penrith, Cumbria, on land used by the Cliburn shoot and leased from the Lowther Estate. In sentencing, the Judge stated that had it not been for his ill health, he would have considered jailing him. The RSPB was contacted and the following day RSPB officers found three buzzards were still in the trap. One looked unwell, so it was immediately released. A covert camera was installed, to determine whether the operator would release the buzzards as bycatch species, as required by law. As the investigators were leaving, gamekeeper Burne arrived and, thinking they were walkers, said that he would release the buzzards once they had gone. RSPB On returning to the trap later that afternoon, it was found to be empty, but still set. A quick review of the covert footage showed Burne had killed both buzzards by repeatedly striking them with a wooden club only four minutes after the RSPB had left the area. WCO PC Helen Felton was informed of the incident. Burne was filmed by the RSPB killing two buzzards – available to view on YouTube website 2 On 14 February, the RSPB helped PC Felton with a search around the cage trap. A total of 10 dead buzzards were found. Prosecutions They were hidden under branches or inside a stone wall. Five were freshly dead. None of these five birds matched the two killed by Burne on camera. The next morning, RSPB Senior Investigations Officer Mark Thomas assisted PC Felton as she interviewed Burne. During the interview, Burne recalled seeing the two buzzards in the trap and said he had released them after the two “walkers” had left. However, when shown the covert video footage, he fully accepted killing both birds and a number of other buzzards during the previous five years. Later, he went back to the scene and revealed where he had hidden the corpses of the two buzzards that he had killed on camera. Speaking after the case, Head of the RSPB Investigations team, Bob Elliot, said: “Buzzards are magnificent birds and their presence in the countryside brings pleasure to many people. This case confirms the urgent need to tighten up the use of crow cage traps to make sure that protected species, such as buzzards, are not targeted as a matter of routine.” PC Felton added: “This was a despicable crime in which someone who was in a position of trust as a gamekeeper trapped buzzards and then later came back to kill them.” The graphic covert video footage was also publicly released and the killings received widespread condemnation. The RSPB would like to thank the witnesses, PC Helen Felton and CPS prosecutor Peter Kelly. Leniency due to ill health was possibly all that stood between a buzzard killer and prison Mark Thomas (RSPB) PC Helen Felton, Head of the RSPB Investigations team, Bob Elliot and the two buzzards killed by gamekeeper Colin Burne, while being filmed by the RSPB 3 Andy McWilliam (NWCU) Prosecutions Goshawk chick held by Young Young offender A complex trail of paperwork, DNA profiling and enquiries in Spain led to the conviction of a falconer. Andy McWilliam of the NWCU reports. On 11 April 2013, Terry Young, 53, of Woodland Road, Leeds, pleaded guilty at Leeds Magistrates Court to five offences relating to prohibited sales of Annex A birds and failing to comply with the conditions of permits contrary to COTES 1997. He also admitted keeping an unregistered goshawk contrary to the Wildlife and Countryside Act 1981. He was fined £60 for each of the six offences, ordered to pay £60 costs, and was disqualified from keeping Schedule 4 birds for five years. Young was a goshawk keeper and had been issued with numerous “pre-issued” Article 10 Certificates for birds he intended to breed. These are commonly known as “semi-completes” and contain details of the breeder and parent birds. Breeders have to complete details of offspring. The A10 is only validated if the self-carbonating pink copy is returned to AHVLA within seven days. 4 In December 2011, Defra’s Animal Health and Veterinary Laboratories Agency (AHVLA) and the NWCU carried out an inspection at Young’s home and took samples from some of his birds for DNA profiling. Spanish Authorities took similar samples from a goshawk held on an invalid semi-complete A10 issued to Young. Results showed the Spanish goshawk was not related to the parents that Young had declared. In June 2012, a warrant was executed at Young’s home. Documents were seized, including invalid A10s. When arrested and interviewed, he claimed he had made errors when completing his documentation, and agreed he should have returned the pink copies. He admitted selling two goshawks without valid A10s. He claimed the Spanish goshawk had been bred by another keeper, and he had simply typed the wrong ring number on the A10. However, AHVLA records showed that the invalid A10 was actually issued six months after the bird had been sold. During a subsequent inspection, an unregistered goshawk was discovered. Unfortunately, I was disappointed at the CPS presentation of the facts to the court, which implied that Young had simply failed to comply with clerical requirements. Some of the birds sold have never been traced and their provenance has never been confirmed. Due to the potential for abuse, which was highlighted in this case, the AHVLA no longer issue semi-complete A10s. The NWCU is grateful to WCO PC Andy Katkowski for his commitment during this complex inquiry. Prosecutions Dying buzzard reveals gamekeeper’s pesticide store On 18 June 2013, at Stranraer Sheriff Court, gamekeeper Peter Finley Bell, from Physgill Cottage, Whithorn, Newton Stewart, pleaded guilty to four charges under the Wildlife and Countryside Act 1981. Bell admitted poisoning a buzzard using carbofuran, and possession of a further 192 g of this highly toxic pesticide – enough to kill about a sixth of the Scottish buzzard population. He was fined £2,450 and £1,400 respectively (reduced from £3,500 and £2,000, to reflect his guilty plea). He also pleaded guilty to possession of strychnine and alphachloralose, and was fined £300 for each charge (reduced from £500). the ground, in a field near a pheasant release pen. It was a buzzard, dying on its back, beside a pheasant carcass. The police were called, and collected both birds later that afternoon. Analysis by the Scottish Rural College and the Science and Advice for Scottish Agriculture (SASA) showed that the buzzard had been in good condition, but that both birds contained carbofuran. The case began on 23 December 2012, on Glasserton Home Farm, Whithorn, part of the 4,500-acre Glasserton and Physgill Estates. Bell is the sole gamekeeper there, rearing pheasants and partridges, and organising shoots. A member of the local raptor study group noticed something flapping on Bell has been an estate employee since the 1970s. In interview, Bell admitted to police that he had kept the carbofuran for many years, and used it to poison buzzards. He admitted setting the pheasant bait in the field. He confirmed that he used the strychnine for mole killing, and knew that it was illegal When police and Scottish Government officers searched Bell’s home address on 5 March 2013, they recovered 10 bottles and bags containing carbofuran, strychnine and alphachloralose. This bag, containing 192g of carbofuran, was recovered from Bell’s gun cabinet Crown Office and Procurator Fiscal Service A “shockingly irresponsible” poisoning led to the discovery of enough illegal chemicals to kill about 10,000 buzzards. to buy and use. Furthermore, Bell said that he had inherited the alphachloralose from his uncle, also a gamekeeper, and knew it was illegal to possess. Following the verdict, Craig Harris, Procurator Fiscal, Wildlife and Environment, said: “The killing of this buzzard was considered and deliberate criminality. The laying of bait laced with carbofuran was shockingly irresponsible conduct. It was compounded by the stocks of other illegal poisons that were kept. The law protects wild birds, and those who seek to poison them, or continue to possess stocks of illegal poison, can fully expect to be brought before the courts.” Gamekeeper fined £1,500 A Moray gamekeeper was convicted of setting snares illegally and in a manner likely to cause animals unnecessary suffering. Brian Petrie, 66, of Woodhead, Dunphail, pleaded guilty at Elgin Sherriff Court on 7 May 2013, to three charges including setting snares likely to cause unnecessary suffering, setting snares in a manner likely to be dragged, and failing to release or remove an animal from a snare. All are contrary to Section 11 of the Wildlife and Countryside Act 1981. He was fined £1,500. Inspectors from the Scottish Society for Prevention of Cruelty to Animals (SSPCA) found a badger and several foxes dead in Petrie’s snares, which had been set around a number of middens constructed with branches, and baited with animal carcasses. SSPCA Chief Superintendent Mike Flynn said: “Petrie is a gamekeeper with over fifty years’ experience and he had sat his snaring course one year prior to the offences taking place. As he was well aware of the regulations regarding snaring, it is our opinion that his intention was to capture, cause serious injury and kill animals. The snares were set in an area inhabited by sensitive native species such as the Scottish wildcat, pine marten, deer, otter and badger, so there was a high risk of this type of animal being caught, maimed and killed and indeed one badger was found dead at the scene.” 5 Prosecutions The Citizen NWCU Beaven holding a great grey owl. Right: a black kite, one of those illegally sold by Beaven Centre owner convicted An inspection at a falconry centre led to a two-and-a half year investigation by Gloucestershire Police and the National Wildlife Crime Unit (NWCU), which ended when the owner of another raptor centre was convicted. On 21 May 2013, following a sevenday trial at Gloucester Crown Court, Keith Beaven, 68, of Birchfield, Sladbrook, Stauton, Gloucestershire, was convicted on nine of 11 counts relating to theft, fraud plus sale, and false declarations contrary to the Control of Trade in Endangered Species Regulations 1997. He was sentenced to 40 weeks’ imprisonment suspended for 18 months, plus a 12-week curfew, with costs and fines totalling £16,074. He was given until the end of 2013 to discharge all financial penalties or face additional imprisonment. In November 2004, Beaven bought the National Birds of Prey Centre (NBPC) in Newent, including around 120 birds of prey, from the previous owner Jemima Parry-Jones. He also took on some birds not owned by the centre, including five black kites owned by the Cape Verde Government and Abyssinian eagle owls seized by Customs. Beaven sold the centre, without any birds, back to Jemima Parry-Jones in December 2008. Late in 2010, during an inspection at a Durham falconry centre, AHVLA Inspectors found a pair of black kites on display. Their Article 10 Certificates had been issued to Beaven with certain conditions; they 6 could not be sold and must remain at the NBPC. It transpired that Beaven sold them for £900 each. Around the same time, intelligence suggested that Beaven had been e-mailing European Association of Zoos and Aquaria (EAZA) members, in an attempt to acquire birds for his breeding programme at the NBPC, which he was still claiming to run. In June 2011, officers from Gloucestershire Police, NWCU and AHVLA executed a warrant at Beaven’s home. There were no birds or evidence of a breeding programme, but a large quantity of paperwork was seized. Beaven was arrested and admitted selling two of the Cape Verde black kites. However, it appeared Beaven had tried to legitimise two other black kites supplied from Belgium by claiming to have bred them from the original Cape Verde birds. This claim resulted in restrictions being placed on Article 10 Certificates. The NWCU suspect the kites may be of wild origin and enquiries are ongoing in Belgium. The paperwork showed breeding loan agreements with several European zoos, but it appeared he had sold the birds on without any permission. Following an appeal circulated through the British and Irish Association of Zoos and Aquariums (BIAZA) and EAZA, it became clear that several of their members, including zoos in the UK, Germany and the Czech Republic, had loaned birds to Beaven, believing he still ran the NBPC. More damning evidence was on Beaven’s computer, including e-mails indicating he was taking orders for birds he had not yet acquired, and e-mails asking contacts not to speak to the zoos where he was sourcing birds. Owls on loan from Heidelberg, Ostrava and Paignton Zoos, plus those seized by Customs, were all sold. Judge William Hart told Beaven that his offending amounted to “blatant dishonesty” and he displayed a “gross betrayal of trust.” He commended DC Grace Samuel (Gloucestershire Police) and Andy McWilliam (NWCU) for professionalism in conducting a difficult international inquiry. The NWCU would like to add its gratitude to DC Samuel for her professionalism and dedication during this protracted inquiry and to prosecuting barrister Brendan Moorhouse. They thank BIAZA and EAZA for their support and assistance. Prosecutions On 15 July 2013, Jonathan Bowes of Main Street, Knipton, Leicestershire, appeared at Loughborough Magistrates Court and pleaded guilty to eight wildlife offences. These included four charges under the Wildlife and Countryside Act 1981, relating to the sale of ducks and possession of spring traps, and four under the Animal Welfare Act 2006, relating to the pinioning of nine adult ducks. He was fined £1,500, ordered to pay £5,000 costs to the Royal Society for the Prevention of Cruelty to Animals (RSPCA) and banned from keeping birds for five years. On 14 April 2012, Neil Hughes, then Police Wildlife Officer with Leicestershire Police, attended a poultry and waterfowl auction in Melton Mowbray. Bowes was advertising ducks for sale and the officer made a test purchase of a pair of wigeons. Subsequent Duck dealer gets wings clipped examination showed they had recently pinioned wings, which were bleeding badly. Pinioning (cutting off part of the wing to prevent the bird from flying) is only legal in the first few days of life but not as adults nor without any anaesthetic. A number of birds sold at the auction were traced and no documentary evidence of captive origin had been supplied, a requirement of the General Licence for the sale of wildfowl. Following these events, a search warrant was executed at Bowes’ home on 14 May 2012 by police, RSPCA and RSPB officers. They also searched his premises at Wildberry Farm, Holwell, Melton Mowbray. Here, Bowes had a small lake and enclosed ponds, where he kept a wide variety of waterfowl for breeding and sale. Two wigeons and a mallard were examined by avian vet, Neil Forbes, and found to have been recently pinioned. Near to some breeding boxes, two unset spring traps were found. These can be used legally for catching small mammals under cover. However, these had feathers in the jaws and were seized. When later interviewed by RSPCA officers, Bowes admitted pinioning the adult birds using scissors claiming they had not been “properly done” when young. He said he used blunt scissors because they did not bleed so much. He stated he used two spring traps inside his breeding boxes, to catch jackdaws that took duck eggs. He mentioned that the spring traps had also caught his own wildfowl. Guy Shorrock (RSPB) A wigeon found with recent pinioning injury 7 Prosecutions Bat conviction On 1 July 2013, David Michael Dalton, 33, of Chorley New Road, Lostock, Bolton, pleaded guilty at Chorley Magistrates Court to destroying a bat roost. He was fined £500 with £140 costs and a £54 surcharge. Dalton intended to develop a property in Lancashire. He engaged the services of an ecological consultant who surveyed the buildings and found a roost of brown-long eared bats. To allow the building to be developed, a licence would have been required, outlining how the needs of bats were being considered. Dalton demolished the building without a licence and destroyed the bat roost. Hugh Clark (Bat Conservation Trust) Pete Charleston, Investigations Officer for the Bat Conservation Trust (BCT), reports on a recent case involving the destruction of a roost used by brown long-eared bats. Brown long-eared bats are particularly vulnerable to the impacts of roost destruction The loss of bat roosts is thought to be one reason why bat populations declined dramatically in the 20th century. By following mitigation measures set out in a licence, the impact of building work on bats can be minimised. Most British bat species, including brown longeared bats, have become at least partially dependent on buildings for roosting. Brown long-eared bats are of particular concern, as they have specific requirements and have been identified as sensitive to building and renovation works. Loss of, or damage to, a roost can have a significant impact on a local population. There are very few UK prosecutions for bat-related offences, typically two or three a year. The BCT considers that this latest fine is an insufficient deterrent to unscrupulous property developers. BCT provided support to Lancashire Police during this investigation and are very grateful to both the Police and the CPS in bringing this case to court. Traditional Asian medicines for sale on eBay PC Andy Long On 31 July 2013, a 37-year-old woman from Grays in Essex, received a police caution for offering Traditional Asian Medicines (TAMs) for sale on auction website eBay. Over 250 packs of TAMs were seized during the investigation, and a further 30 packs of other unlawfully imported medicines were seized and signed over for destruction. Packets of Asian medicine seized in the raid 8 The seller was offering diet capsules containing Nan Bao and Hoodia (plant matter), and other items. Some medicines contained CITES Appendix II species, namely seahorse, musk deer and Hoodia. All of these had been imported into the EU unlawfully. PC Andy Long, the Force Wildlife and Heritage Crime Officer for Essex Police, found the adverts for the items during a regular check of eBay. A search warrant was obtained and Essex Police, along with Lance Cruse from the UK’s Border Agency, conducted a search of the house where the medicines were seized. Prosecutions Peter Cairns (rspb-images.com) Eagle owls were being used commercially, and were on display to the public Falconer convicted of bird of prey offences A North Somerset falconer was convicted of seven COTES offences relating to the illegal display and trade in birds of prey. On 2 July 2013, at Weston-superMare Magistrates Court, Andrew McManus-Dunkley, of Cranmore Caravan Park, Bullocks Lane, Kingston Seymour, Somerset, was found guilty of seven offences contrary to the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES). Six charges related to the commercial display of Annex A birds, and one charge of prohibited sale. He was fined £7,000 and ordered to pay £620 costs, to be paid in 12 months. A confiscation order was issued for five birds. McManus-Dunkley is the owner of Banwell Falconry based at Smallway, Congresbury, near Bristol. The business offers “Hawk Walks”, “Bird experiences”, hunting days and wedding displays. He also breeds and sells birds from the same premises. In August 2011, Wildlife Inspectors from the Animal Health and Veterinary Laboratories Agency (AHVLA) and WCOs from Avon and Somerset Police visited the falconry centre. The visit was arranged after concerns had been raised about Annex A birds having been sold, and used commercially, in contravention of COTES. Birds including a peregrine falcon, a common buzzard, four European eagle owls and a tawny owl were found. They were being used commercially, as they were on display to the public. Investigations later revealed that McManus-Dunkley had sold a European eagle owl without the necessary Article 10 certificate, and had lied to a purchaser by claiming he had the document. Speaking after his court appearance Detective Inspector Nevin Hunter, the Head of the National Wildlife Crime Unit said: “The actions of this man have undermined the activities of all falconers who comply with the regulations regarding commercial use of and trade in endangered species of birds. “Birds of prey are protected from illegal exploitation and it is vital that the Police work with our partner agencies to reassure the public that we take the matter of wildlife crime seriously. “Sgt Andy Whysall from Avon and Somerset Police, the Compliance Team from AHVLA and my team have worked closely on this case and should be commended for bringing this man to court”. WCO Sgt Andy Whysall said: “The sentence handed out justifies the hard work undertaken by all those agencies involved in the investigation. A message has been sent out to all those who think they are above the law.” 9 Natural England Prosecutions Substantial damage was caused to the Cumbrian SSSI £1 million penalty for Edinburgh Woollen Mill boss Philip Day, 47, owner of the Edinburgh Woollen Mill chain, was fined £450,000 and ordered to pay prosecution costs of around £457,000 for damaging Gelt Woods, a Site of Special Scientific Interest (SSSI), in Cumbria. Natural England (NE) prosecuted Day on 31 July 2013, after he caused unauthorised and damaging work to be carried out in the ancient woodland, which is legally protected. In November 2010, trees were felled on the slopes of the SSSI and land excavated to create a significant track. These activities severely damaged the woodland ground flora. Presiding Judge Peter Hughes QC said that Mr Day had been “grossly negligent” in relation to the works done, and that the conduct of his defence “seeking to use the power of his wealth to avoid responsibility” rebounded to his lasting disgrace. He added that public concern for the preservation of the countryside, and much greater awareness of the harm that can be done to our fragile environment and ecology by ill-considered and uncontrolled activities, has grown over recent years. He advised that the level of financial penalties has gone up and 10 must reflect legitimate concern, set at a level whereby it can act as a clear reminder of the importance attached to areas of special importance and act as a deterrent to anyone minded to break the law. always regrettable, and we were disappointed that a woodland of such ecological importance, and one that was very special to the local community, was so severely damaged. NE’s investigator, Martin Findlow said: “This investigation proved to be both difficult and challenging. The contribution of those members of the public from Hayton and the surrounding area was invaluable in securing this conviction. “We work with landowners across the country to ensure that such special areas of our natural heritage can be protected. We welcome the fact that Mr Day has undertaken a programme of voluntary restoration and hope that he will now work with us to manage this special area more appropriately in the future.” “This is also a landmark case that clearly identified an owner’s strict liability under Section 28 of the Wildlife and Countryside Act 1981, for actions carried out on an SSSI. The defence argued that, since Philip Day had employed others to carry out and oversee work on the SSSI, then he could not be culpable under the section for unauthorised and damaging activities”. Janette Ward, NE’s Regulation Director, said: “Legal action is NE, as the government’s environment adviser, is responsible for the protection of SSSIs, and works with landowners and managers to help achieve this. It has regulatory powers to prevent damaging operations from taking place on SSSIs and where damage does occur it can take appropriate enforcement action, including prosecuting offenders. Prosecutions Rare corals and clams smuggled in to the UK On 22 May 2013, Alex Montgomery, 23, of Mottram Old Road, Hyde, Cheshire, was sentenced to six months in prison at Manchester Crown Court for the illegal importation of rare and endangered corals and clams. When a shipment arrived at Manchester Airport from Vietnam on 4 May 2012, it was examined by officers of the Border Force specialist CITES team from Heathrow, local Border Force staff, a Border Policing Command Investigation Officer (part of the new National Crime Agency) and a coral specialist. Although the documents stated that the 36 large insulated boxes contained marine fish and soft corals, they contained hundreds of corals and clams protected under CITES weighing more than 750 kg. These were seized. “This was a blatant fraud. You knew what the rules were, you deliberately breached them, you deliberately concealed the nature of the cargo that you were seeking to import, and you did so dishonestly for your own gain. You took the risk knowing that there would be rewards for you. It is said that you were naïve, but it appears quite simply that you could not be bothered to apply for the permits because it was too much effort. It is manifest that it was going to be more lucrative for you to trade without considering the harm and the potential harm to the environment caused by this sort of offence. It is a serious offence, which you through your counsel realistically recognise warrants a custodial sentence.” Marc Granville, Investigations Officer for the UK Border Agency at Manchester Airport would like to thank the CITES team at Heathrow, Border Force Freight officer Adam Laing, Birmingham Border Policing Command Investigators, ZSL, AHLVA and JNCC, and Rob Quest. Marc Granville (UKBA) When the director of UK Corals came to collect the consignment, he was arrested. Two business premises and Montgomery’s home address were raided and several other live and dying specimens were found, together with a computer, mobile phone and business paperwork. and showed remorse for his actions. Some 20 shipments were made in a year of trading. Before passing sentence, Magistrate HHJ Field said: “Those engaged in this sort of illegal trade should be aware of the court’s view that this is grave offending. They [corals and clams] are listed in Appendix II so if they are plundered from the surface of the planet for people’s enjoyment they run the risk of becoming endangered species and that is part of the seriousness of the offence. Examination of the computer and phone revealed telling correspondence with his suppliers in Vietnam and Indonesia, his customers across the UK and Europe, and revealed the corrupt nature of Montgomery’s business activities. Evidence showed he knew the legal requirements, but incited others to circumvent the system, saying what a chore the CITES paperwork was, and how his suppliers in turn demanded money to bribe customs agents abroad to turn a blind eye so they could export to him. During the police interview, Montgomery admitted his guilt and accepted his responsibility, Some of the corals found at Montgomery’s premises 11 Prosecutions Fish farmer convicted of using nets illegally Graham McNally, from Lerwick, was fined £800 at Lerwick Sheriff Court on 28 May after he admitted using non-selective nets to take or kill common and grey seals, contrary to The Conservation (Natural Habitats) Regulations 1994. The court heard that no seals or other wildlife were killed in the nets that were set at the Hoganess salmon farm’s Cloudin site in Vaila Sound, Shetland. The accused maintained that the two nets were simply predator nets, but several Tom Marshall (rspb-images.com) Improperly used nets at a salmon farm were considered a threat to seals and led to the conviction of the farm manager. employees claimed they were set to catch seals. They had refused to deploy or check the nets due to their awareness of the risks to wildlife. Sheriff Philip Mann said he did not believe McNally had “deliberately targeted seals” but added: “I am concerned not so much with punishment for what’s been done, but by sending a message by way of deterrent”. Scottish SPCA Chief Superintendent Mike Flynn said he welcomed the first Scottish conviction under this legislation. Seals were vulnerable to improperly set nets A kestrel from a knave On 28 February 2013, Ernest Horsman, 50, of Tonge Lane, Whitworth, appeared at Wigan Magistrates Court and pleaded guilty to the prohibited sale of two kestrels and making false statements to obtain Article 10 Certificates contrary to the Control of Trade in Endangered Species (Enforcement) Regulations 1997. Horsman was given a 12-month conditional discharge, ordered to pay £85 costs and £250 compensation. The court issued a forfeiture order for the kestrels. 12 AHVLA records showed that Horsman had applied for the Article 10 Certificates and had provided false information. He claimed the certificate for the female was a replacement for a lost document. However, the original document and the genuine female bird were When interviewed, Horsman denied he had made a false application for the certificates to legitimise the sale of the birds. He admitted that he had been caring for an injured wild kestrel, but denied selling it. Andy McWilliam from the NWCU thanks Response Officer PC Paul Stocks of the Greater Manchester Police for his assistance with the investigation. NWCU In November 2011, a Merseyside falconer answered an advert placed by Horsman on a birdtrading website for a “breeding pair of kestrels, plus Article 10 Certificates”. He visited Horsman at his home and bought the birds for £250 with Article 10 Certificates, which appeared to be genuine. At the time of purchase, he did not check the birds’ leg rings and it was only a couple of months later during a health check that it became known that the birds did not match their paperwork. The female kestrel had no ring at all and the male was wearing a split ring, which did not correspond with the number on the A10. traced to another keeper who was unaware of Horsman or his bird’s duplicated identity. One of the kestrels illegally sold by Horsman Prosecutions Rhino trader charged WCO PC Matt Duffy, of South Yorkshire Police, reports on a recent case of attempted trade in rhino horn. On 9 August 2013, Clifford Bardelli, 52, of Carr Forge Mount, Sheffield, pleaded guilty to two charges of illegally offering black rhino horn for sale, contrary to COTES. He was sentenced to three months’ curfew, 240 hours’ unpaid work, and ordered to pay £145 costs. On 4 April 2013, assisted by Andy McWilliam from the NWCU, we conducted a search of Bardelli’s home. A piece of horn weighing 54 g was recovered, along with an internet document showing the black market value of rhino horn. In March 2013, a practising Chinese herbalist in Cumbria received a phone call from a man, asking if she was interested in two pieces of black rhino horn. She refused what she took as an offer for sale, pointed out such trade was illegal, and told him she would report him to the police. She passed the caller’s number to the police, and it was traced to Bardelli. Bardelli was arrested, and, during a lengthy interview, claimed the horn was old and that he had acquired it during his time as a jeweller. Research showed that some silversmiths would use rhino horn to beat silver, as it didn’t mark the metal. He maintained he had only ever possessed one piece of horn, and he was conducting research and not trying to sell it. During a suspension in the interview, Andy and I visited a Chinese Medical Centre. The receptionist recalled a man fitting Bardelli’s description had visited the centre, and tried to sell them a piece of rhino horn at least twice the size of what we had seized. When the interview was resumed, Bardelli admitted that he had offered the horn for sale, and that there was a second piece hidden in his garden. I recovered that piece. The total weight of the two pieces was 227 g, with a black market value of around £15,000. While it was accepted that there may be some age to the horn, neither piece could be classed as being “worked” and therefore exempt from the regulations. Guy Shorrock (RSPB) Bardelli attempted to sell black rhino horn 13 RSPB Scotland News Golden eagles and other birds of prey in Scotland are subject to illegal persecution Scottish Environment Minister announces new measures to tackle raptor persecution Paul Wheelhouse MSP says it is time to halt the illegal persecution of Scottish birds of prey. On 1 July 2013, the MSP issued a statement following a number of media articles in the preceding weeks, which highlighted the ongoing problem of bird of prey crime in Scotland. He said: “A number of recent reports, some of which are in the public domain and some of which are still subject to police enquiries, suggest that there is an ongoing problem with the use of poison, as well as cases involving illegal trapping and shooting. I have decided that the time is right to bring forward some further measures which I hope will deter those involved in illegal activities.” Among the measures he announced were that the Lord Advocate had “instructed the specialist 14 prosecutors in the Wildlife and Environmental Crime Unit to work with Police Scotland to ensure that law enforcement utilises all investigative tools at their disposal in the fight against wildlife crime.” He also announced an intention “to establish a group to carry out a review and report to me on how wildlife crime is treated within the criminal justice system, including examining whether the penalties available for wildlife crime properly reflect the seriousness of the damage caused to vulnerable wildlife and fragile habitats and ecosystems.” He stated that he will ask Scottish Natural Heritage to examine how and in what circumstances they can restrict the use of General Licences to trap and shoot wild birds on land where they have good reason to believe that crimes against wild birds have taken place. Reacting to this announcement, Duncan Orr-Ewing, Head of Species and Land Management at RSPB Scotland, said: “It is firmly established that the prevailing levels of human killing are having a devastating effect on the populations of some of our native bird of prey species, including golden eagle, hen harrier and red kite. Recent incidents involving the killing of golden eagles and other iconic bird of prey species have rightly caused public outrage. We welcome the clear leadership shown today by the Scottish Government indicating that these crimes will not be tolerated in modern Scotland. We support further sanctions to act as a deterrent, and to make it easier for the authorities to convict those involved. We hope that these measures will be implemented soon, and are well targeted to bear down on the organised crime behind much of this activity”. News The Illegal Killing of Birds of Prey in Scotland The up-to-date annual report, documenting incidents of raptor persecution in Scotland in 2012, is due to be published soon. It will document poisoning, shooting, trapping and destruction of nests affecting some of Scotland’s rarest species, including the deaths of four golden eagles. It views the impacts of persecution on bird of prey populations, summarises some prosecutions and makes recommendations, based on many years’ experience, about how this significant conservation problem needs to be tackled. Visit rspb.org.uk/ wildbirdcrime for details. NWCU online now The long-awaited National Wildlife Crime Unit (NWCU) website went live in June 2013. Visit nwcu.police.uk to see it in action. The website details the role of the unit, outlines how tackling different wildlife crime across the UK is prioritised, and how users can report incidents. There are links to the latest media releases relating to wildlife crime investigations and prosecutions involving the NWCU, the police and other UK law enforcement agencies engaged in the fight against wildlife crime. Launching the website, Head of Unit, Detective Inspector Nevin Hunter, said: “It is often claimed that no one suffers, or is a victim, when wildlife crime takes place and that it should not be taken seriously. This is wrong – we all suffer and are all victims. Greater and lesser horseshoe bats, fresh water pearl mussels, golden eagles, red deer, large blue butterflies and rare orchids are the UK equivalent of tigers, giant pandas, elephants and rhino. We all have a responsibility to ensure that these species are conserved, both morally and legally for future generations, and the NWCU forms part of the Police service commitment to this approach. Our website represents a significant step forward in the UK fight against wildlife crime.” The new website will help in the fight against wildlife crime 15 Danny Green (rspb-images.com) News Despite public outcry at plans to cull buzzards, licences to destroy nests and eggs have now been issued by NE Natural England licences buzzard nest destruction Licences to permit the destruction of buzzard nests and to permit buzzards to be taken into captivity have been issued by NE. The licences allowed up to four nests and their contents to be destroyed between 23 April and 8 May 2013 on an estate where pheasants were being reared for shooting. This information became known following a request made by the RSPB under the Environmental Information Regulations (EIR). This is the first time that such licences have been issued and follows the public outcry in 2012 when Defra abandoned a £375,000 research proposal, which would have involved the destruction of buzzard nests. The EIR request revealed that licences for the control of buzzards at a free-range poultry farm were also issued. These licences would have allowed the birds to be killed, although subsequently they were taken into captivity. 16 Martin Harper, the RSPB’s Conservation Director said: “We do not believe that this is an appropriate way to address the public’s concerns and available information suggests that non-lethal alternatives had not been properly explored. Buzzards play a minor role in pheasant losses, compared with other factors such as collisions with vehicles. It is wrong for Natural England to issue buzzard control licences to protect commercial interests. It is wrong that there has been no public scrutiny of these decisions and it is wrong that we only heard of these decisions after the nests may have been destroyed. “We would like the Secretary of State, Owen Paterson, to issue a clear statement that the Government will not issue licences to kill a native bird of prey to protect commercial game birds. This is a simple step which could easily be taken, but it needs to be done to reassure stakeholders and the public that his department is acting in the public interest and standing up for wildlife.” News Buzzard petition Ian Thomson (RSPB) Following the decision taken by NE to issue licences to allow the destruction of buzzard nests to protect pheasant stocks, a petition was launched by a member of the public. Lewis Davis, from Rosyth in Fife, called on the Scottish Environment Minister and Scottish Natural Heritage specifically not to permit the issuing of such licences in Scotland. The petition closed after 15 days, having gathered a staggering 22,990 signatures. Lewis Davis (left) delivers a petition against licenced buzzard culling in Scotland to Scottish Environment Minister Paul Wheelhouse MSP Mr Davis attended the Scottish Parliament on 20 June, accompanied by representatives from RSPB Scotland and the Scottish Ornithologists’ Club. Both organisations officially backed the campaign. The group met Environment Minister Paul Wheelhouse MSP to outline their concerns, and then officially handed over the petition. Steve Knell (rspb-images.com) Big reward for little tern robbery In the early hours of 19 June 2013, the little tern breeding colony at Crimdon Beach, County Durham, was attacked by egg thieves. They stole more than 50 of the 65 clutches of eggs. The Teesmouth Bird Club and the RSPB, working closely with Durham Constabulary, have offered a reward of £2,000 for information leading to conviction of the egg thieves. Wardens arrived at the colony early on 19 June, and immediately realised something was wrong from the behaviour of the terns. They noticed many human footprints in the fenced areas of the beach containing the nests and eggs. Many of the eggs, which were soon due to hatch, had vanished. The colony is regionally significant. In 2012, it held about 110 breeding pairs, a season that saw low productivity due to natural predation. This year, only 65 pairs returned, and the latest incident is a major setback for a species that is declining nationally. The protection project is run by a number of partners, including Durham Heritage Coast, and is funded by Teesside Industry Nature Conservation Association The Crimdon Beach little tern population had a major setback, as egg thieves stole many of this year’s eggs in one night (INCA). Please contact Durham Police on 101 (the Police non-emergency number), Crimestoppers on 0800 555 111 or RSPB Investigations on 01767 680551 if you have any information. 17 David J Slater (rspb-images.com) News Thanks to protection, peregrines bred successfully in the quarry in 2013 Police partnership protects peregrines Officers from South Staffordshire Local Policing Team (LPT), along with partners, have pledged to protect nesting falcons at a quarry site. Each spring, peregrines return to Saredon Quarry, Shareshill, to breed. Sadly, there have been repeated problems here, with birds being trapped, nests destroyed and eggs taken. Peregrines are a rare species, which means the birds, their nests, and eggs are protected under the Staffordshire Police, including Wildlife Crime Officer PC Pete Clarke, are working with the quarry manager, the RSPB and Smartwater staff, who have supplied signs, grease and Smartwater pipe bombs. Angela Waller (Staffordshire Police) A number of closed circuit television (CCTV) cameras and motion sensors have been installed by officers at the site in a bid to stop the persecution of these birds. Members of the multi-agency team protecting the peregrines’ nest 18 Wildlife and Countryside Act 1981. It is also an offence to intentionally or recklessly disturb them when they are nesting. Inspector Donna Gibbs, South Staffordshire Local Policing Team Commander, said: “Our officers are carrying out regular patrols of the area and have been able to install cameras at the site to catch, or hopefully, deter whoever is targeting these birds. “We suspect that it is either someone involved in pigeon racing, egg collecting or chick theft. “Whatever the case, we are determined to catch those responsible and will continue to do everything within our power to do so. We are working very closely with quarry staff, colleagues from the RSPB and Smartwater. “Not only does anyone entering the site risk being caught on CCTV, they will trigger Smartwater pipe bombs showering them in forensic marking fluid which will link them directly to the crime scene. “The message to potential intruders is clear – we will catch you, and you will be arrested and prosecuted – so stay away.” International First Irish bird of prey persecution report published In July 2013, Ireland’s National Park and Wildlife Service published their Bird of Prey Poisoning and Persecution Report 2011, the country’s inaugural national report on avian poisoning and bird of prey persecution. The report’s key findings were that in 2011, 33 poisoning or raptor persecution incidents were confirmed in Ireland. This included 24 deaths. Of these, 15 individuals were poisoned, eight birds were shot, and one died from injuries after sustaining human-inflicted injuries to a wing. Red kites were the most frequent victims of the 24 raptors found poisoned, with 10 killed. There were also seven buzzards, as well as four peregrine falcons, two sparrowhawks and a kestrel. Two grey herons, 20 rooks and many gulls, pigeons and corvids were poisoned or persecuted in 2011. All incidents are logged in the National Parks and Wildlife Service Bird of Prey Persecution and Poisoning Database. The report has recommendations about improving the recording and monitoring of poisoning and bird of prey deaths, and protocols for dealing with victims. The protocol and annual reports are a response to a complaint to the EU that Ireland lacked a formal system for assessing and reporting the impact of poisoning of vulnerable raptor populations. It will be published annually, and follows positive news of the inaugural Irish wildlife crime conference on 14 – 15 September 2013 in County Meath, hosted by Wildlife Rehabilitation Ireland. The RSPB welcomes improved recording of crimes affecting birds of prey. Ben Hall (rspb-images.com) Bodies of 10 poisoned red kites were found in the Republic of Ireland in 2011 19 David Tipling International A masked hunter in Ghadira nature reserve, proving that nowhere on Malta is safe for wildlife Video surveillance is key in fight against illegal hunting Eyewitnesses Ray Vella and Robby Spanring, whose testimony helped to secure convictions for illegal hunting, report on Malta’s spring hunting. On 18 April 2013, two masked men were seen hunting illegally in a protected bird sanctuary in the north of Malta. They were filmed and photographed by BirdLife Malta staff and volunteers, who were at the organisation’s annual Spring Watch bird conservation camp, together with a BBC reporter. The men, dubbed the “balaclava hunters” by the Maltese press, were observed from a birdwatching hide in the Ghadira wetland reserve, as they ran around the no-hunting area firing their guns at roosting turtle doves. On the strength of the video and photographic evidence, police were able to arrest and 20 charge both men. One of the men admitted the charges and was fined €4,685 (about £4,015), had his gun confiscated and was banned from hunting for three years. The other pleaded not guilty, but after two court hearings with evidence submitted by BirdLife Malta supported by testimony from several eyewitnesses, he, too, was fined and banned from hunting for three years. On 22 April, just four days later, two BirdLife Malta wardens photographed a third man hunting within the bird sanctuary. It emerged that he was the president of the local hunting society, and an official in Malta’s largest hunting organisation. He pleaded guilty in court and was fined €1,000 (about £850), banned from hunting for a year and had his gun confiscated. These two cases highlight the importance of the surveillance carried out by BirdLife Malta and volunteers at the Spring Watch and Raptor Camp bird protection camps, and the value of video and photographic in ensuring the successful prosecution of illegal hunters in Malta. In many other cases, where video and photographic evidence has been lacking or ambiguous, suspects have been acquitted, despite expert eyewitness testimony. International Birdlife Malta A migratory stopover where birds face unsustainable hunting in spring Situated in the Central Mediterranean Flyway, Malta is an important stopover for migrating birds, including some rare and many protected species, flying between Africa and Europe in spring and autumn. Malta has a terrible, if deserved, reputation for illegal shooting and trapping of protected birds and for its persistence in ignoring conservation arguments to continue to allow spring hunting. Malta is the only EU country to allow recreational spring hunting of migrating turtle doves and quails, two European breeding species of conservation concern. Since joining the EU in 2004, Malta’s government has decided to regularly apply a derogation to allow hunting of turtle doves and quails in spring. In 2008, the European Court of Justice found Malta guilty of contravening the Birds Directive with its spring hunting seasons between 2004 and 2007. However, in 2010, Malta again opened a spring hunting season and has continued to do so every year since. birds being shot at, or shot down, and 636 incidents of hunting outside permitted hours. Get involved: Spring Watch and Raptor Camp BirdLife Malta welcome volunteers from around Europe (and beyond) to Malta for two weeks of bird migration monitoring and illegal hunting surveillance during the peak spring and autumn migration periods for bird species. The volunteers’ presence will be as vital as ever in deterring and detecting illegal targeting of protected birds. If you are interested in joining either or both camps, visit birdlifemalta.org to find out more. Show your support: A referendum to end spring hunting Last month, BirdLife Malta and 10 other Maltese non-governmental organisations (NGOs), together with the Malta Green Party, announced a coalition with the joint aim of bringing about the end of spring hunting in Malta. The Coalition for the Abolition of Spring Hunting launched a petition to gather the 40,000 signatures needed to force the Maltese government to hold a referendum on spring hunting. While only full Maltese citizens eligible to vote in a General Election can sign the petition, anyone can support the campaign by making a donation or becoming a member of BirdLife Malta. BirdLife Malta From 2010 to 2012, there had been some controls in place: an armband to identify licensed hunters, a €50 (about £43) spring hunting licence fee, and a nominal 11,000 limit on the number of turtle doves that could be shot in the season. However, spring 2013 saw a new Labour government remove several of these controls after signing a pre-election agreement with the hunting lobby, resulting in a spring hunting season worse than the island had seen for several years. Now, more than 10,000 licensed hunters were able to shoot a maximum of 11,000 turtle doves in a two week season. During this time, BirdLife Malta recorded 895 incidents of illegal hunting, including 53 incidents of protected Ghadira nature reserve on Malta should be a safe refuge for wildlife, not a playground for hunters Black-winged stilts bred in Malta in 2013 – but no bird is safe in Malta, with the current level of hunting 21 Iñigo Fajardo International A poisoned black vulture – one of several victims Spanish poisoning conviction A recent wildlife poisoning conviction in Spain demonstrates how differently the seriousness of these offences is treated by the Spanish courts, compared with the UK. At a court in Badajoz on 17 June 2013, the farmer was convicted 22 and jailed for 18 months. He was fined €30,000 (about £25,700), and ordered to pay significant legal costs. In addition, for three years, he will not be able to work as a farmer, and loses the rights to hunt, fish and vote. Iñigo Fajardo In March 2010, World Wide Fund for Nature (WWF) staff went to a cattle ranch near Badajoz, Extremadura. They were concerned about an Egyptian vulture fitted with a satellite tag, as data suggested the bird was immobile. The bird’s corpse was recovered. During the investigation that followed, more bodies were found: eight vultures (four griffons, two Egyptians and two blacks) and two common buzzards. Some were hidden in hollows in cork oaks. Analysis showed they had been poisoned with carbofuran, and poison was found in a farmer’s vehicle. As well as the criminal prosecution, there was civil action taken by WWF. Spanish authorities with a poisoned Egyptian vulture International Mass vulture poisoning in South Africa Forty-nine vultures were poisoned in July in Kwazulu-Natal (KZN), South Africa. They were spotted, from the air, on a farm near Swartberg. There were 48 Cape vultures and one African white-backed vulture. Two Cape vultures were alive, responded to treatment, and are expected to recover fully. The vultures were poisioned when they scavenged on sheep carcasses that had been laced with carbofuran to control jackal predation on newborn lambs. Ben Hoffman, of Raptor Rescue, said: “This is the worst incident of vulture poisoning in KZN that I have seen in the 12 years I have been working with birds of prey in the province.” Cobus Theron, of the Endangered Wildlife Trust (EWT), said: “It was devastating to see so much wanton destruction of life, particularly since there are approximately only 8,000 Cape vultures left in the wild. “This incident also undermines efforts of conservation-minded farmers in the district. Authorities are in the process of formulating charges to be levelled against the parties concerned.” BirdLife has listed several species of vultures in Africa as “threatened” as there have been huge declines in their populations. Poisoning is one of the major factors affecting these birds. Andre Botha, Manager of the EWT’s Birds of Prey Programme, said: “In southern Africa alone, more than 400 vultures have been deliberately poisoned over the last two years. Poisoning seems to be particularly prevalent in certain parts of KZN where the use of the body parts of these birds in the muthi [traditional medicine] trade is a major concern. It is estimated that, at the current rate of illegal harvest of vultures for the muthi market, certain species of vulture may become extinct in the province within the next five to 10 years.” Guy Shorrock (RSPB) African white-backed and Cape vultures have been repeatedly poisoned in South Africa 23 and finally… Farewell Vicki and welcome Alice! Vicki Blair left the RSPB Investigations team in May, after nearly three years. She brought a perfect balance to the team and will be greatly missed for her sense of humour and hard work. We wish her well in her exploits with Bedford Museum. Mark Thomas (RSPB) Replacing Vicki was always going to be a difficult task, but after a lengthy interview process, Alice Tribe was appointed as permanent Investigations Co-ordinator. She started with the team in late May. Alice brings a wealth of practical experience to the job, having worked in both Malta and Cyprus, preventing and monitoring illegal trapping and hunting. She has undertaken research on Montserrat orioles, great tits, wood warblers and chestnut-crowned babblers. Alice is a BTO bird ringer, and supports Reading FC. Alice Tribe has joined the RSPB Investigations team, and will be a main point of contact from now on She will be a great addition to the team and will be one of your first points of contact for enquiries. PAW PAW is The Partnership for Action Against Wildlife Crime, a multi-agency body comprising representatives of the organisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and non-governmental organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of Police Wildlife Crime Officers and officers from HM Revenue and Customs and the UK Border Agency. Please visit defra.gov.uk/paw for more information. The RSPB UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551 Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100 Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT Tel: 028 9049 1547 Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000 Write to be read WCO We welcome contributions to Legal eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions in your force. Send your articles and mailing list updates to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to [email protected] or by fax to 01767 693078. The views expressed in Legal eagle are not necessarily those of the RSPB or PAW. The RSPB is the country’s largest nature conservation charity, inspiring everyone to give nature a home. KEEPING The RSPB is a member of BirdLife International, a partnership to give nature a home around the world. CRIME OFFICERS The RSPB is a registered charity: in England and Wales no. 207076, in Scotland no. SC037654. WILDLIFE INFORMED Cover photo: Edwin Kats (rspb-images.com) For more information on wild birds and the law, visit rspb.org.uk/birdlaw 24 232-0507-13-14