legal eagle
Transcription
legal eagle
AND FINALLY… LEGAL EAGLE Alan is back! THE RSPB’S INVESTIGATIONS NEWSLETTER We reported in Legal Eagle 65 that ex South Yorkshire WCO Sgt Alan Firth had retired, and was looking for a quiet life watching Sheffield Wednesday. However, now we can announce he has been resurrected as the new RSPB Investigations Officer in Northern England. Alan started in July 2012 and brings with him a wealth of experience from 15 years as a WCO, particularly in relation to matters in the Peak District. We wish Alan well, and he can be contacted on 07900 678925. OCTOBER 2012 No 68 S Mäkitalo Alan Firth relaxing in his garden 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 www.defra.gov.uk/paw for more information. Write to be read 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 UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551 Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT Tel: 028 9049 1547 We belong to BirdLife International, the global partnership of bird conservation organisations. Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100 Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000 The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654. 232-0409-11-12 www.rspb.org.uk The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing – help us keep it that way. SOWING THE SEED There has been a substantial seizure of birds’ eggs in Scandinavia after a UK investigation into their illegal trade. For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw W L O IN THIS ISSUE: Suspended sentence not imposed on re-offender • Landmark case: two farmers fined for damaging protected woodland • Magistrates weep at badger baiting video • New DNA method used effectively in court PROSECUTIONS PROSECUTIONS Pole trapper prosecuted (continued from front page) In Legal Eagle 62 we reported on the conviction of Andrew Seed in May 2010 for illegal smuggling and trade in birds’ eggs. The RSPB examined extensive e-mail correspondence and other items. This led to major investigations into two other UK nationals, one currently ongoing, and has implicated further persons outside the UK who were potentially involved in similar offences. The RSPB prepared an intelligence report which was disseminated by the National Wildlife Crime Unit (NWCU) to authorities in Sweden. This led to seizures of more than 6,000 birds’ eggs from three suspects. Enquiries are currently ongoing, but other individuals have already been implicated: one man in Sweden and another in Österbotten, Finland, in possession of more than 10,000 birds’ eggs and around 300 taxidermy specimens. A man has been fined just £100 after a tawny owl died from horrific injuries after being caught in a pole trap. This is a barbaric device which has been banned for more than 100 years. Norfolk WCO PC Jon Hopes reports. Alan Roberts of the NWCU visited enforcement officials in Finland in relation to the ongoing investigations in June 2012. We hope to report more on UK and Scandinavian enquiries in due course. “On 21 February 2012, Jack Barrett Williams, 19, from Dereham Road, Easton, near Norwich, pleaded guilty at Norwich Magistrates’ Court to the illegal use of a spring trap, contrary to Section 8(1)(a) of the Pests Act 1954. Two charges under the Wildlife and Countryside Act 1981 were discontinued. He was fined £100. When is a suspended sentence not a suspended sentence? Andy McWilliam of the NWCU reports on an unexpected outcome following the breach of a suspended sentence by Brynn McDonagh, for the illegal sale and importation of birds of prey. “On 22 November 2010, Brynn McDonagh, 28, of West Heath, Birmingham, was sentenced to 10 months in prison, suspended for a year. McDonagh had imported 20 EU CITES Annex B birds of prey, claiming they were imported for a breeding programme. The birds were actually being advertised for sale prior to import, and many had already been sold. We reported this in Legal Eagle 64. In September 2011, McDonagh advertised a Swedish “wild-taken” imported goshawk for sale on a falconry website. A CITES Article 10 (A10) Certificate had been issued for this goshawk, but this had always included movement restrictions and a prohibition on sale. McDonagh was warned by the Animal Health and Veterinary Laboratories Agency (AHVLA) and the Hawk Board that he could not sell the bird. However, a “sold” notice on the advert indicated the sale had gone ahead. McDonagh with African hawk eagle – one of the birds illegally imported from South Africa On 3 May 2011, I went to see a chicken run on waste ground at Easton. This was made up of six foot posts, chicken wire around its sides and netting over the top. Surprisingly, McDonagh pleaded not guilty. He changed his plea about the prohibited sale of the goshawk and keeping an unregistered merlin. The District Judge committed the case to the Crown Court, saying that McDonagh had clearly breached his suspended sentence and added that she did not feel she had sufficient powers to sentence him. A freshly killed tawny owl was caught in a Mark IV Fenn trap, which had been set on top of the highest post. The owl had suffered horrific injuries to both legs, as the trap had cut through the skin and flesh down to the bone on both legs. McDonagh appeared before a judge at Birmingham Crown Court on 27 April 2012, but the judge declined to invoke the suspended sentence. McDonagh was sentenced to 180 hours’ unpaid work, £510 costs and the birds were confiscated. She also extended his suspended sentence by six months, which effectively expired on 21 May 2012. The NWCU would like to thank PC Phil Allen from West Midlands Police for his efforts in bringing this case before the courts.” I interviewed Williams two days later. He admitted to having had no game keeping training, only working with pigs and sheep. He claimed he had a problem with mice eating his chicken eggs, and had bought the trap at a car boot sale for £1.50 baited. He denied trying to catch owls or any other birds. Ian Muttitt (RSPCA) On 25 October 2011, I searched McDonagh’s home, and found McDonagh owned a merlin. Merlins are listed on Schedule 4 of the Wildlife and Countryside Act 1981 (WCA), which requires captive birds to be registered. He had imported the bird from Malta in December 2010. He only held a Maltese A10, which was not valid for registration purposes. Only a UK-issued A10 covers a merlin as a registration document. He was arrested and admitted selling the goshawk without a valid A10 and keeping an unregistered goshawk. He was then charged. He was initially charged with intentionally killing a wild bird and using an unlawful trap to take a wild bird, contrary to the Wildlife and Countryside Act 1981. These were discontinued following the plea to the offence under the Pest Act 1954.” The tawny owl killed in the pole trap – barbaric devices banned for more than a century Inset: close up – the tawny owl suffered horrific injuries J Hopes, Norfolk Police 2 3 PROSECUTIONS PROSECUTIONS Chris Gomersall (rspb-images.com) Eggs of Manx shearwaters were taken by Gonshaw The Metropolitan Police, assisted by the RSPB, searched his home in London, and found a collection of 700 eggs, for which he later received both a six-month jail sentence and an ASBO not to enter Scotland from England during the bird breeding season for 10 years. Meanwhile, in Scotland, Gonshaw was released from custody after his house had been searched. The RSPB identified the eggs seized from Rum as eight Manx shearwater and 12 passerine eggs. Rum is a National Nature Reserve (NNR) and Site of Special Scientific Interest (SSSI). It holds one of the largest Manx shearwater colonies in the world, with nearly a quarter of the world population. The egg-blowing kit was also subject to forensic DNA testing at Science and Advice for Scottish Agriculture (SASA), which helped support the other evidence. This case involved cross-member agency working within the Partnership Against Wildlife Crime Scotland (PAWS), including Northern Constabulary, Crown Office Procurator Fiscal, the NWCU, Scottish Natural Heritage (SNH), SASA and the RSPB.” A forensic first Dr Lucy Webster of the Wildlife DNA Forensics Section at the Science and Advice for Scottish Agriculture (SASA) reports on a new use of DNA testing. “In June of last year, an egg-blowing kit found in Gonshaw’s possession was brought to the laboratory for analysis. The police were keen to know if it was possible to demonstrate that the kit had been used to blow eggs from wild birds. Based on the type of eggs found in his possession that had been identified by the RSPB, and witness statements from the island of Rum relating to his activities near nesting birds, DNA tests were developed for five different species. These tests were run on samples from various parts of the kit. Three of these tests gave positive results, confirming that DNA from Manx shearwater, a gull, and a warbler was on the kit. This result shows that DNA from at least three species were on Gonshaw’s egg-blowing kit – and all of them could be linked to the wider investigation of his activities on Rum. This is believed to be the first time an examination of this type has been done.” Defence agent David McKie said that his client risked losing his employment if convicted. However, Sheriff McCreadie said: “This case involved a dereliction of duty to wild birds. You did not act as a reasonably competent gamekeeper. The buzzard has been endangered and is only now making its way back from relentless persecution”. Sheriff McCreadie went on to say: “I am satisfied that this is a case where a fine is appropriate, not only for you, but to discourage others”. Smith Graham was fined £450. Following the court case, RSPB Scotland’s Head of Investigations Ian Thomson said: “We welcome the A buzzard that had starved to death was discovered in this crow trap, operated by Smith Graham, on the Glen Lyon estate in Perthshire 50-year-old barn owl nesting site destroyed by builder A builder, fined for destroying a nesting site which had been used for more than half a century, claimed he was unaware that barn owls nested there. He admitted failure to carry out a proper survey of the derelict building. WCO Sergeant Rob Taylor of North Wales Police reports: “On 10 July 2012 at Caernarfon Magistrates Court, David Alan Titley, 40, pleaded guilty to two charges under the Wildlife and Countryside Act 1981, for disturbing a young barn owl and destruction of a nest. He was fined £250, with £150 costs. Titley had been contracted to carry out clearance and repair work on a derelict house in Penygroeslon near Pwllheli in May 2011, where barn owls had nested for more than 50 years. Local witnesses had seen the birds at the site and heard chicks in the nest during the days before Titley and two colleagues arrived. A farmer, worried about possible damage to the owls, reported the matter to police. When the North Wales Police arrived, the loft had been removed and the wooden planks burnt and there was no sign of either the nest or owlets. Patrick Lindley, a Senior Conservation Officer for the RSPB, provided an expert witness statement on the breeding ecology of barn owls and noted the remains of barn owl pellets in the ashes. In mitigation, the court were told that Titley, an experienced builder, was unaware the owls nested in the building. He accepted he failed to carry out a proper survey, claiming he had been given assurances that such a study had been carried out and had started the work. My thanks go to PC Dewi Evans at Pwllheli for his professional and diligent investigation on this case.” The building where the barn owl nest destruction took place 5 PC Dewi Evans, North Wales police 4 Science and Advice for Scottish Agriculture (SASA) DNA testing was done on this egg blowing kit seized from Gonshaw The case started when it was brought to the attention of Northern Constabulary that a man was acting strangely in a gull colony on the isle of Rum, and that someone had also been sending shoebox sized parcels off the island. When the police arrived on the island, staff from Scottish Natural Heritage (SNH) immediately pointed out a man carrying an enormous rucksack, in which police found 20 wild birds’ eggs. He admitted to owning an egg-blowing kit which was retrieved by police. On 27 June 2012, at Perth Sheriff Court, Jonathan Smith Graham, 30, a gamekeeper on the Glen Lyon Estate, pleaded guilty to using a crow trap in which a buzzard was trapped and starved to death. conviction of Mr Smith Graham and the strong comments made by the Sheriff. This latest case illustrates, yet again, the lax approach taken by some gamekeepers to following the licence conditions laid out by the Scottish Government. The use of these licences is a privilege, and with this comes responsibility. Mr Smith Graham clearly did not take his responsibilities seriously and has now lost that right.” Tayside police “On 11 May 2012 at Inverness Sheriff Court, Matthew Gonshaw pleaded guilty to taking 20 wild birds’ eggs on the Isle of Rum and being in possession of various articles for the purpose of committing wildlife offences. He was sentenced to six months’ imprisonment and received his second ASBO, preventing him from entering Scotland during the breeding season indefinitely. A Perthshire gamekeeper who killed a buzzard in a crow trap was fined £450 after being told: “You did not act as a reasonably competent gamekeeper”. On 28 February 2011, Tayside Police responded to a report that three crow traps had been found on the Glen Lyon Estate in Perthshire, containing a dead buzzard, a dead sparrowhawk and two chaffinches. Rum deal for Gonshaw In Legal Eagle 66 and 67, we reported the conviction of Matthew Gonshaw, 49, of Cherrywood Close, Bow, London, and subsequent first-ever wildlife crime Anti-Social Behaviour Order (ASBO). It banned him from entering Scotland during the bird breeding season (1 February–31 August each year). This investigation was triggered when Gonshaw was caught on the Isle of Rum, Scotland in June 2011. Charles Everitt of the NWCU reports on the Scottish end of the investigation. Gamekeeper fined for trapping and starving buzzard PROSECUTIONS PROSECUTIONS Three sparrowhawks shot by pensioner Guy Shorrock (RSPB) Bedfordshire Police have cautioned an elderly pigeon fancier after he admitted shooting three sparrowhawks in Stotfold, Bedfordshire. The man was arrested on 20 May 2012, in connection with the shootings, and police seized an air weapon. The pigeon fancier admitted he had shot the birds, and was given a formal police caution. A member of the public raised the alarm in February 2012 after spotting the first dead sparrowhawk. They alerted the RSPB and Bedfordshire Police. Sparrowhawk with prey Out of the wilderness persecution and disturbance of birds listed on Schedule 1 of the Wildlife and Countryside Act 1981 within Devon. A Devon and Cornwall police operation, Operation Wilderness, successfully used covert cameras to catch men disturbing peregrine nests. Wildlife Crime Officer, PC Josh Marshall, explains: “Operation Wilderness is a Devon and Cornwall police operation, designed to address, target and disrupt Chris Gomersall (rspb-images.com) Covert cameras were used at peregrine nest sites We placed covert wildlife cameras at the nest sites of previously targeted species and of species we considered vulnerable to persecution or disturbance. An important part of the operation was to publicise that ten cameras were being used throughout Dorset, to “sow a seed of doubt” in the mind of those committing offences, and to capture evidence. We did not advertise their precise location. Within 48 hours of a camera being installed on the south coast of Devon, it had captured images of two men approaching a peregrine falcon nest site, one of whom had a camera. It was obvious that their presence so close to the nest site would cause disturbance to the birds. The birds at the time of my second visit had been successful in laying a single egg. From the footage, I was able to recognise one of the offenders whilst the other was identified by a colleague. Two men, aged 43 and 44, both from the Brixham area of Devon, were arrested. We seized camera equipment and discovered photographs of the nest site containing a peregrine falcon egg on the camera. Both men received an official caution. I would like to thank the Devon Birdwatching and Preservation Society for their kind assistance in funding the cameras for this operation.” A Staffordshire man who pleaded guilty to two charges of possession of wild birds’ eggs has had his conviction overturned on appeal. Paul Edgley, of Rugeley, was originally convicted 6 of possession of 48 wild birds’ eggs and a further charge of possession of a kingfisher egg, a Schedule 1 species, at Burton Magistrates’ Court on 29 September 2011. A further charge of possession of items capable of being used to commit the offence of disturbing Schedule 1 birds was dismissed. See Legal Eagle 66 for details of the original case. “During Summer 2010, the UK Border Agency informed me that they had discovered a website called Global Imports based in Glenrothes, Fife, and on it, sharks’ jaws were offered for sale. The owner of the site was Steven Paterson and, among other things, he was selling body parts of protected species including whales, porpoises, turtles, tortoises, sawfish and sharks. Article 10 certificates had not been applied for to authorise the sale of the items. During August, Fife Police and the National Wildlife Crime Unit searched Paterson’s house and found a house full of animal artefacts, including more than 5,000 sharks’ jaws. They also recovered several items advertised on the website, which included a pilot whale skull (in the bedroom), and two harbour porpoise skulls (on a shelving unit and a display unit). They also seized a green turtle taxidermy specimen, sperm whale tooth, leopard skin and claws, great white shark tooth and elephant tusk along with computers and documents. The sharks’ jaws were sourced legitimately in the Philippines, but the protected species had come from various sources in the UK and beyond. During his interview, Paterson claimed to have little understanding of CITES regulations. However, Animal Health revealed that he had previously applied for two Article 10 certificates – which had both been refused. PC Ian Laing with a few of the items recovered from Steven Paterson The recovered specimens that Paterson offered for sale were forfeited by the court and given to the NWCU to use for educational purposes. They were on display in the Partnership for Action Against Wildlife Crime (PAW) caravan at this year’s Royal Highland Show.” Landmark case: farmers fined for damage to protected woodland Two North Wales farmers have been fined a total of £6,030 for damaging a highly protected wet woodland at Llwyn, near Denbigh, North Wales. The wet alder woodland is only one of three in Wales. It is owned by the Woodland Trust and is part of a 35-acre SSSI. It is also a Special Area of Conservation (SAC) – one of only 12 woodlands in the UK to have both designations. Countryside Council for Wales in 2011. After their initial interview, they continued with work, including importing sand and stone to raise up the track from the swamp. The men pleaded guilty to the damage at an earlier hearing, but they contested the fact that restoration to the woodland was required to get it back to its original state. After a two-day trial, the judge granted a full restoration order. The case was the first of its kind in the UK to be prosecuted by the Crown Prosecution Service (CPS). Investigating officer Sgt Taylor said: “Thankfully cases of this magnitude are rare, but the awarding of the restoration order was vital for the biodiversity of the site and for its future integrity. This is a highly protected woodland and it sends a clear message to those seeking to gain from its destruction.” On 10 July, Edward Prys Jones, 37, of Castle Park Farm, Ruthin, and John Bryn Jones, 26, of Plas Einion, Llanfair DC, near Ruthin pleaded guilty to third party reckless damage of an SSSI under Section 28 of the Wildlife and Countryside Act 1981. In late 2010, the farmers divided part of the land in two and created an access track straight through it. The work came to the attention of the police and the Rob Taylor N Wales police Conviction overturned On 10 May 2012, Steven Paterson, 48, from Glenrothes was sentenced to a Community Service Order of 160 hours, after pleading guilty to various offences of trading in endangered species, including shark jaws. Charles Everitt, NWCU officer reports. Charles Everitt NWCU Bedfordshire Wildlife Crime Officer, Inspector Tracey Day, said: “Wildlife crime in Bedfordshire is taken seriously. The force will continue to ensure that a positive approach is taken to all matters reported that involve wildlife crime”. First conviction in Scotland for trading endangered animal parts Two farmers were fined £6,000 for damaging a highly protected woodland 7 PROSECUTIONS PROSECUTIONS A Derbyshire man has been convicted for a string of wildlife and bird welfare offences dating back to 2010. He was found with 61 live birds, including various species of parrot, and several dead birds. He admitted a lack of care and causing unnecessary suffering, possession of traps and items including a net for taking wild birds. On 25 April, Malcolm Spencer, 67, of New Bolsover, Derbyshire, was found guilty of 33 offences under the Wildlife and Countryside Act and the Animal Welfare Act. He was sentenced at North East Dales Magistrates’ Court in Chesterfield to four months in prison suspended for two years, disqualified from keeping avian species for 10 years and was electronically tagged. He was ordered to pay £2,461 costs. Following an investigation by police and the Royal Society for the Prevention of Cruelty to Animals (RSPCA), Spencer was found with 61 live birds. These included skylarks, redstarts, yellowhammers, bramblings, bullfinches, whitethroats, wheatears and mealy redpolls. Spencer set traps to catch the wild birds at his allotment, tampered with bird rings and kept the birds in poor conditions. The court heard a number of parrots, including Timneh African grey parrots and yellow crowned Amazon parrots, were discovered living in his attic in dirty cages with no water. Several dead birds, including a bullfinch, were also discovered. Poachers caught on Wildlife Crime training day Spencer also admitted a lack of care and causing unnecessary suffering; possession of the traps and various tools; and a net and associated items for taking wild birds. Two poachers were caught red-handed by a group of 22 Wildlife Crime Officers on an NCWU training day in Gloucestershire. RSPCA inspector Carroll Lamport said: “This is a horrendous, cruel trade that is not realised by the general public. Many or most of these birds taken from the wild will not survive in captivity and would be subjected both to physical cruelty as in this case and mental cruelty in the stress of being confined. The police training group were en route to a badger sett for some hands-on wildlife crime training when they came across William Royles and Wayne Ingram. The men were caught red-handed with dogs and ferrets, and had netted a rabbit warren without the permission of the landowner. On 24 May 2012, at Gloucester Magistrates’ Court, William Royles, 27, of Walham, Sandhurst, Gloucestershire, pleaded guilty to trespassing in pursuit of game contrary to Section 30 of the Game Act 1831. Co-accused, 18-year-old Wayne Ingram of The Willows caravan site, Sandhurst, also admitted the charge. Royles also pleaded guilty to being in breach of a suspended prison sentence imposed for threatening words and behaviour. Magistrates fined both men £100 and ordered “This was a very difficult and time-consuming case and I would like to thank Derbyshire police for their time and manpower, without whom this case would have been impossible to progress, in particular PC Adam Galley in his wildlife officer role.” Carroll Lamport, RSPCA Illegal traps taken from Spencer’s house A McWilliam (NWCU) Bolsover bird fancier avoids jail Gloucestershire police who witnessed the poaching during their training them to pay £30 prosecution costs each. Royles’ existing supervision order was extended by three months. DI Sue Bradshaw of Gloucestershire Police said: "Little did I know how successful this wildlife crime training would be. You really couldn’t make this up. Now, that’s what I call a result." Museum rhino raid foiled A failed attempt to steal a rhino horn valued at approximately £240,000 from the Norwich Castle Museum resulted in a custodial sentence and probable deportation. Detective Inspector Andy Ninman from Norfolk police reports: The museum contains a varied collection of fine art, archaeology and natural history. On 20 February 2012, a gang of four made for the Natural History Galleries and forced open a cabinet containing a black rhinoceros head. They removed the head and started making their way to a waiting car. A party from the University of Cambridge Zoology Museum was also visiting the museum, and they quickly raised the alarm. A member of staff and one of the visitors intervened, causing the men to drop the head, and flee. This particular crime helps feed the market for rhino horn (used in oriental medicines), which leads to increased poaching. Since the theft, the museum has replaced the rhino horns with marked replicas. Norfolk Police are continuing to investigate the accomplices. A second man has also been charged with attempted theft of a rhino head and a third man is on police bail.” Norfolk Museums & Archaeology Service “On 12 July 2012 at Norwich Crown Court, Nihad Mahmod, 19, was found guilty of attempting to steal a rhino head from Norwich Castle Museum and was sentenced to two and a half years in prison. Shortly after the alarm was raised, a member of the public saw a man remove a set of number plates from a navy Renault Laguna, and reported it to the police. The number plates were recovered and revealed it belonged to Nihad Mahmod, a failed Iraqi asylum seeker who was living rough in the London area. Mahmod admitted his part in the attempt to steal the rhino head. Replica horns have now been attached to the black rhinoceros head Birds held illegally and in poor conditions by Malcolm Spencer 8 9 PROSECUTIONS NEWS Ivan Peter Crane, previously convicted for the unlawful use of a Larsen trap, has had his conviction overturned. In Legal Eagle 67, we reported the conviction of Ivan Peter Crane for the unlawful use of a Larsen trap. A previous A Larsen trap unlawfully used by Crane conviction in connection with a pole-trapping incident, reported in Legal Eagle 65, meant that Crane was unable to avail himself of the General Licences which allow the use of such traps. However, during June 2011, two Larsen traps were found in operation in his farm and in January 2012 Crane was convicted in respect of these. On 12 July 2012, an appeal against sentence and conviction was heard at Nottingham Crown Court. Following prosecution evidence and legal arguments the appeal was allowed. The Judge was critical of the police and CPS for bringing the prosecution, suggesting that Crane should have been given a warning. Neil Hughes We understand that there is still a requirement to obtain an individual licence from Natural England (NE) if a person has a relevant previous conviction which prevents them from operating under the General Licences. Encouragingly, NE has reported that, following the media coverage in connection with this case, at least two individuals with relevant convictions have contacted them asking for specific licences to use cage traps. Magistrates tearful at viewing of horrific badger baiting video Video footage of dog and badger fighting reduced two magistrates to tears in three incidents of horrific animal cruelty. Carroll Lamport, RSPCA Special Investigator, reports. “On 22 May at Bradford Magistrates’ Court, Anthony Lee, 23, of Coronation Way, Keighley, West Yorkshire, pleaded guilty to three counts of causing and taking part in animal fighting and causing unnecessary suffering to the dogs. He was sentenced to 26 weeks in prison and banned from keeping or caring for any animals for the rest of his life, with no appeal on this ban to be allowed before 50 years. Lee was one of four suspects visited with a warrant by a joint police and RSPCA team. Two bull lurcher dogs with extensive facial and body scarring were seized by police along with a number of other evidential items. The dogs were seen by a vet who stated that the injuries could only have been caused by prolonged contact with badgers. Lee was not present at the time of the warrant, but came in later the same day to the police station in Keighley. He was on a mobile phone as he walked in and he was immediately arrested and the phone seized. His vehicle was searched but it had just been thoroughly cleaned out and disinfected. He gave no 10 Buzzard and hen harrier by Andy Hay (rspb-images.com) Crane conviction overturned explanation for the horrific injuries to the dogs and stated they had been inflicted before he got them. I examined Lee’s mobile phone and computer. On them, I found three short videos still in the recycle bin and these showed both dogs being used in three separate badger baiting incidents. It even identified the camera it was taken on, and Lee’s voice could be heard in the background urging the dogs on and laughing as the dogs tore the badgers apart. Images from Lee’s mobile phone showing the two lurchers attacking a badger Defra needs to allocate resources towards preventing hen harrier extinctions, not buzzard control Defra should target hen harrier conservation, not buzzards, says the RSPB recovering across the UK – a fantastic conservation success story. This was a particularly upsetting case due to the extensive injuries to the dogs and the horrific savaging of the badgers. When he was charged, the video was played in court and two magistrates were reduced to tears. In May, the Government was forced to make a U-turn on proposals to spend £375,000 on trialling techniques including the destruction of buzzard nests and removing adult buzzards from the wild. The dogs were signed over just prior to court. One of the dogs had been pregnant when seized. She produced nine puppies which were all re-homed, but the two adult bull lurchers had to be put down because of the obvious risk in re-homing them. The trial was proposed in response to suggestions from some shooting estates that buzzard predation has a serious impact on young pheasants, which are released for recreational shooting. An independent study found that, on average, only 1–2% of released pheasant chicks are taken by birds of prey. In contrast, 45% were shot, with the remainder dying as a result of other factors, such as road collision and disease, or surviving to join the feral population. Therefore, losses of pheasant chicks to birds of prey are negligible. Following decades of persecution, the buzzard was eradicated from large areas of Britain. Legal protection and a general warming of attitudes towards buzzards and other birds of prey, on the part of many lowland land managers, has led to buzzards Much of the buzzard’s diet is made up of small mammals, carrion and invertebrates. The RSPB believes potential conflicts on shooting estates can be managed without destroying nests or moving buzzards. Measures include providing more cover for My grateful thanks go to West Yorkshire police and in particular PC Richard Oddy.” young pheasants in release pens, visual deterrents to discourage birds of prey, and providing alternative food sources. The RSPB’s Conservation Director Martin Harper said: “I have never felt such a palpable sense of anger from the public as has been shown over the Government’s plans. We welcome this U-turn, but unless the unnecessary killing of birds of prey ends, the threat is still there. This whole episode has been an unwanted distraction for Defra, which should be targeting their funding at those species – like hen harriers – which are most in need. The government must now direct Natural England to refuse any licence applications to kill birds of prey, from shooting estates or anywhere else.” 11 NEWS NEWS A haulage company’s demolition work has destroyed a bat roost in Penrith, contrary to the law and in contradiction of conditions laid out in their planning consent. On 16 August at Carlisle Magistrates’ Court, Thomas Dent, 48, of Maiden Hill, Penrith, pleaded guilty to three offences under the Conservation of Habitats and Species Regulations 2010. He was fined £7,500 with £85 costs and £15 victim surcharge. An investigation was launched in January 2012 by wildlife and environmental crime officers from Cumbria Constabulary. They had received a report that a building had been demolished to accommodate a wagon-washing facility at Barbary Plains, Edenhall, Penrith. The premises had only recently been purchased by Dent Company, a local haulage business. Its chief executive officer is Thomas Dent. The building contained three roosts used by brown long-eared and pipistrelle bats. An ecological survey had identified the roosts. Planning permission was granted on condition that mitigation Goshawks are continuing to have a hard time in the Derwent Valley measures and a compensation strategy were put in place for bats. Dent was responsible for giving permission for the demolition works without these mitigation measures being put in place. All bats and their roost are protected by law whether the roost is occupied or not. There is a maximum punishment of two years’ imprisonment and/or a maximum fine of £5,000 for each offence under the Regulations. Pete Charleston, Bat Conservation Trust Investigations Officer, explains: “The law allows for building, development and demolition to take place at bat roosts provided that the impact on bats is minimised by following the certain conditions as set out in a licence. If you plan works and follow the mitigation measures as outlined in the licence, projects can run smoothly. If you don’t, it is a serious offence. Bats are put at risk with long-lasting consequences for bat populations.” The Trust supported Cumbria Police and the CPS throughout the investigation and praised the work of the CPS and the police for their work. Bat Conservation Trust A brown long-eared bat roost was destroyed Roy Mangernes (Wildphoto) Bat roost demolition costs company £7,500 Goshawk nest destroyed The history of poor raptor breeding in the Derwent Valley in the Peak District has continued in 2012 with the discovery of a destroyed goshawk nest. In April 2012, the RSPB Investigations team visited an active goshawk nest in woodland in the Derwent Valley, Derbyshire. We found evidence that someone 12 had climbed the tree and pushed out the nest with the eggs found lying on the ground. A media appeal was launched with a reward leading to conviction. Overall, the season in the Derwent Valley has been terrible, with no chicks surviving from any of the peregrine, goshawk or buzzard nests. 13 NEWS NEWS Natural England (NE) has issued a guidance document: Catching and releasing wild game birds: a legal summary. The key legal considerations are outlined in the practice of catching and releasing game birds as part of game bird management in England. Game birds are primarily covered by legislation other than the Wildlife and Countryside Act 1981 (WCA), falling under other laws such as the Game Act 1831, which makes taking certain game birds outside the open season unlawful. Certain parts of the WCA are relevant to game birds, in particular the section which relates to the use of certain methods of killing and taking. The list of prohibited methods includes traps, nets, any form of artificial lighting, sound recordings and the use of mechanicallypropelled vehicles. Certain exceptions apply to the prohibitions on methods in Section 5, including “the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding.” Catching game birds outside the open season requires authorisation under the Agriculture Act 1947. Faced with this situation, Network Rail chose wisely to delay works – an action that showed the clearance had not been emergency works. Hot on the heels of this case came news of others in London. Planned works were stopped in Dalston, and in Islington large areas of rail-side scrub were removed. The issue hit the national media, and even featured as a debate in the Houses of Parliament. The RSPB played an integral role by undertaking a bird survey. It indicated the area contained breeding birds, and their nests would have been illegally damaged or destroyed had the works continued. We’d like to thank the British Transport Police for their co-operation, and we look forward to an effective dialogue with Network Rail to bring this avoidable situation to a positive outcome. Dorset Police has warned a retired gamekeeper about his trapping activities, after he was filmed by the RSPB in May 2011 attending to a spring trap, which had previously been set on the ground in the open. The trap was set in a pheasant pen, next to a woodpigeon bait which had been staked to the ground. The RSPB concluded that it had probably been set to catch a buzzard due to the construction of a nearby perch and the circumstances under which it was found. Surrey police have been involved in investigating the case. Dorset Police gave the man a warning – the decision not to prosecute was based on his age and personal circumstances. Martin Willing 14 caught with two bagfuls, possibly weighing 15kg. If French restaurants are willing to pay up to £1 a snail, as claimed by the conservationists, then a 15kg haul could be worth £400. WoodChip Conservation member, Mr Keay said: “They are very big and on the continent they are the one species that the continentals love eating. So we have very good populations, whereas in their natural countryside in France, Germany, Italy, Spain, they’ve been eaten out.” Roman snails were added to Schedule 5 of the Wildlife and Countryside Act in April 2008. It is illegal to intentionally kill, handle, possess or sell without a licence from NE. Thought to have been introduced by the Romans, these are the largest UK snail species, measuring over 10 cm in length and living up to 20 years. They are only found on well drained lime-rich soils, either chalk or limestone, and they live in relatively undisturbed grassy or scrubby habitats. Enquiries indicated the clearance was planned and that part of the site, including numerous trees and bushes, had already been destroyed. A local community action group quickly formed, opposing Network Rail at every stage. Credit Volunteers at WoodChip Conservation have been patrolling the 160-acre woodland site in Surrey to try to prevent further poaching. One person was In May 2012, the RSPB was informed of vegetation clearance by Network Rail along a section of railway line at Whitstable, Kent. This type of work is unacceptable during the bird breeding season, when active nests are prone to destruction. The only exception is in situations of genuine emergency. Gamekeeper warned over trap L’escar... gone! Conservationists in Banstead Woods, Surrey, fear that the Roman snail could soon be wiped out after 70% of the population has disappeared over the last two years, allegedly to supply the French restaurant market. Network Rail’s non-urgent programme of vegetation clearance during the bird breeding season was postponed following action from the RSPB and a local community action group. On 28 May 2012, the situation came to a head. When Network Rail turned up to finish the works they were met by protesters (some of whom chained themselves to the trees), officers from British Transport Police and Kent Constabulary, as well as a Channel 4 News crew. In recent years, it appears there has been a practice, on a number of shooting estates, to catch grouse in order to administer medicines to reduce the prevalence of a parasitic infection known as strongylosis. This has typically involved the use of mechanically-propelled vehicles, lamps and sound recordings – activities prohibited under the WCA. NE guidance helps to clarify the situation and states that a licence should be applied for to undertake these activities. Visit http://publications.naturalengland.org.uk/publication/970476 for guidance documents. Save Railside Trees website Network Rail off the tracks? Natural England issues game advice Spring traps are lawful if they are placed in tunnels used to trap small mammals, such as stoats and weasels. It is illegal to place them where they are likely to cause harm to a wild bird. Gamekeeper caught by RSPB surveillance at site of illegally set spring trap 15 NEWS INTERNATIONAL WCO Sgt Ian Guildford has retired after 33 years with the South Wales Police, the last nine on secondment to Countryside Council for Wales (CCW). Police forces across the UK, the Border Force and the Animal Health and Veterinary Laboratory Agency (AHVLA) all played a part in the recent Interpol operation known as Operation Cage to target the trade in illegal wildlife. More than 8,700 birds and other animals, including reptiles, mammals and insects were seized and nearly 4,000 people arrested across 32 countries. Ian started as a WCO back in 1991, but his involvement increased following a major wildlife investigation with the RSPB in 1996, Operation Folkestone. This resulted in two men being convicted for the laundering of a number of wild taken birds of prey including goshawks, red kites and merlins. DNA profiling was used to discredit captive breeding claims. In 1997, Ian became the first winner of Wildlife Enforcer of the Year, shared jointly with Charles McKay of customs. In 2003, Ian was seconded to CCW and has spent the last nine years as a full-time WCO. Some of Ian’s cases have been very interesting. For instance, he was responsible for the first conviction of a pigeon racer for the attempted poisoning of a peregrine and a successful case against a local authority relating to dormice. A CITES case involved the attempted sale of a sturgeon, which ended when the defence produced a fax on behalf of the Queen who, after being offered the “royal fish”, declined it and said the fisherman could do what he liked with it. He worked on third party damage on a geological SSSI for the theft of fossilised dinosaur footprints Madeleine at the opening of the Quarantine House at Kew and their subsequent sale across the world. He even investigated an escaped kangaroo. It turned out to be a fox with mange. Ian’s only failing appears to be his choice of West Ham as his football team! The RSPB has worked with Ian on many cases and has always been impressed by his hard work and commitment. We would like to express our thanks and wish Ian, his wife Lisa and their five children all the best for the future. Madeleine’s Big Event Madeleine Groves from the Conventions and Policy Section of Kew Gardens has been awarded an MBE in the Queen’s Birthday Honours List for her work in CITES enforcement and training. Madeleine will be well known to many in wildlife enforcement and is a regular attendee at the Wildlife Enforcers’ annual conference. After graduating from the 1991 Kew Diploma course, Madeleine has become one of the leading figures in CITES enforcement and capacity building for plants. Kew Gardens Madeleine has been at the heart of pushing plants onto the enforcement agenda and the RSPB would also like to congratulate her for the much deserved recognition she has received. The operation saw police, customs and wildlife enforcement authorities in all 32 countries carrying out thousands of checks at ports, airports, markets, pet stores and taxidermists. Operation Cage was the third operation co-ordinated by Interpol to target the growing trade in illegal wildlife. The operation ran from April to June 2012 and focused on illegal trade and exploitation of birds and their products. In the UK, efforts were concentrated on the illegal trade in birds of prey. 26 inspections were conducted by the UK Border Force and Animal Health and Veterinary Laboratories Agency. As a result, police forces, supported by the NWCU, are involved in 14 investigations. Five people have been arrested to date, two people convicted and there are several pending court cases. NWCU head, Nevin Hunter, has advised that work is ongoing and that there may be further investigations. The Association of Chief Police Officers lead on Wildlife Crime, Chief Constable Stuart Hyde of Cumbria Police, praised the organisations involved in Operation Cage in the UK saying: “This is an example of UK Law Enforcement working together to target international wildlife crimes. By contributing effort from across the UK and linking in with Interpol we have been able to start the process to bring people to justice for breaking national and international conventions”. More than 2,000 birds were seized during Operation Cage Wildlife forensics in Asia RSPB Senior Investigations Officer, Guy Shorrock, reports on a Wildlife Forensics Seminar in Bangkok. “South-East Asia is a key battleground in the fight against illegal trafficking of the world’s most endangered species. It is a consumer and supplier of items from tiger products to tropical hardwoods. South-East Asia is also a transit point, for example for poached rhino horn smuggled from Africa to China and Vietnam. In 2009, TRACE Wildlife Forensics Network created a project in partnership with TRAFFIC East Asia, which formed a Wildlife Forensic Network to support the Association of Southeast Asian Nations – Wildlife Enforcement Network (ASEAN-WEN). It was funded by the UK Darwin Initiative, supported by the Royal Zoological Society of Scotland. The project examined the existing capacity and needs for identifying traded wildlife, before implementing a training programme for enforcement and scientific officers. It has helped set up and improve wildlife DNA forensics testing facilities in several Asian countries, and provided training for the collection of evidence by the law enforcement agencies. The seminar represented the culmination of the project with over 170 attendees. It brought together key ASEAN and international wildlife forensic experts, with experienced practitioners from the UK and USA. The RSPB has had a long involvement in the use of forensics techniques in investigating wildlife crime, and has been involved with the PAW Forensics Working Group since its inception. I was asked to give a presentation on the range of forensic methods used in the UK. Illegal wildlife trade is a huge problem in the region and wildlife forensics, particularly DNA testing, will have an increasing part to play. The impact that even small UK funded projects can potentially achieve, when driven by committed individuals at tiny organisations like TRACE, is astonishing. This should give hope to us all of what could be achieved, if governments could make the necessary commitments of political will and necessary resources.” Guy Shorrock (RSPB) Working closely with the UK Border Force, she has trained large numbers of UK police, customs officers and wildlife inspectors. She has produced specialist training materials which are used by CITES Parties across the globe and contributed to the PAW Forensic Working Group. Outside the UK she has run training courses for EU countries and worked with some of the world’s major plant exporters. She has represented the UK CITES Scientific Authority on government delegations and has represented the EU in Latin America relating to trade in mahogany. 16 Operation Cage leads to thousands of arrests Courtesy of Interpol Ian Guildford (right) receiving RSPB thanks C Everitt (NWCU) Welsh wizard ends his spell Training in Bangkok for collection of wildlife forensic samples. 17 INTERNATIONAL INTERNATIONAL The birds settled in the area in early 2011, and were released in Killarney National Park, County Kerry, as part of the Irish reintroduction programme managed by the Golden Eagle Trust. The breeding pair, a four-year-old male and three-year-old female, were collected in 2008 and 2009 respectively on the island of Frøya off the west coast of Norway. White-tailed eagles are fully mature and usually begin to breed at five years of age, but birds in Scotland have very occasionally bred as early as three. Because they are so young, a successful nesting attempt was thought unlikely, and it was no surprise that the birds’ nesting attempt failed during incubation. There are high hopes that they will try again next year and rear the first Irish-bred sea eagles for over 100 years. However, the poisoning of two more white-tailed eagles in Mayo and Donegal in the spring has cast a cloud over these momentous events. A bird carrying a satellite tag was found dead on the shores of Lough Beltra in County Mayo. Post-mortem results showed that the eagle had a high concentration of poison in its body, and it had also Despite persecution, white-tailed eagles are breeding in County Clare been shot at some time in the past, as shotgun pellets were found in its body. Post-mortem results from the other sea eagle, found dead in the Blue Stack mountains in Donegal, showed that it had also been poisoned. The National Parks and Wildlife Service are investigating the killings. CABS bird guards release ortolans. Imperial eagles still French authorities accused of tolerating illegal bunting hunting – and campaigners are at risk under threat in Bulgaria During 2012, two Eastern imperial eagle nests were robbed in the Sakar mountains in Bulgaria. This species is globally declining and classified as vulnerable. Bulgaria has a fragile population of around 25 pairs. The species is the subject of specialised conservation projects implemented by the Bulgarian Society for the Protection of Birds (BSPB) including activities like nest guarding, public awareness campaigns, and development of agri-environmental schemes. Even with all these long-term conservation efforts, there are very disturbing signs in the recent years of uprising illegal activities. Following advice from the RSPB, the Bulgarian Authorities have circulated details to other EU Member States, in case there are any unusual captive breeding claims of this species. 18 S.Spasov www.NatureImages.eu During 2010, two nests, one of which was guarded, were robbed in the area of the Sakar mountains, in south east Bulgaria. This year eggs were taken from two nests in the same region. The eggs were well developed and there are concerns they may have been taken for incubation and subsequent laundering of young birds into the captive market. Two nests of imperial eagles were robbed in Bulgaria. CABS A pair of white-tailed eagles has bred near Mountshannon, County Clare, this year. This is the first documented nesting attempt for the species in Ireland in more than a century, but there is a background of persecution. Chris Gomersall (rspb-images.com) Mixed fortunes for Irish white-tailed eagles French enforcement authorities are turning a blind eye to illegal bird trapping, claims the Committee Against Bird Slaughter (CABS). The team were investigating the practice of trapping migrating ortolans, a species of bunting, which are prized as a delicacy in France. Ortolans have been fully protected in France since 1999. as they pass through south-western France. Trapped birds are fattened on millet, drowned in Armagnac, then plucked, roasted and eaten whole, normally while diners drape a linen napkin over their head to preserve the flavour. Ortolan populations have declined across much of their European range. During their operation, German-based CABS found 27 active trapping installations and 679 cage traps. They also released 80 freshly-caught birds. Andrea Rutigliano of CABS said: “Our results show that ortolans are still being trapped and the authorities do practically nothing to combat this illegal practice.” Campaigners complained that their team members were shot, sprinkled with urine and had their tyres slashed by local hunters – but that the police offered them no protection. They were even instructed to leave the area by the local prefect, because their safety couldn’t be guaranteed. The CABS team were investigating the practice in late August 2012 in the Département des Landes in south-west France. Ortolans breed in Western Europe and migrate to Africa for the winter. They are caught in large numbers CABS is sending a report on their findings to the European Commission and have posted a video of their operation at www.youtube.com/watch?v=GG65CecKSNc&feature=youtu.be 19 AND FINALLY… LEGAL EAGLE Alan is back! THE RSPB’S INVESTIGATIONS NEWSLETTER We reported in Legal Eagle 65 that ex South Yorkshire WCO Sgt Alan Firth had retired, and was looking for a quiet life watching Sheffield Wednesday. However, now we can announce he has been resurrected as the new RSPB Investigations Officer in Northern England. Alan started in July 2012 and brings with him a wealth of experience from 15 years as a WCO, particularly in relation to matters in the Peak District. We wish Alan well, and he can be contacted on 07900 678925. OCTOBER 2012 No 68 S Mäkitalo Alan Firth relaxing in his garden 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 www.defra.gov.uk/paw for more information. Write to be read 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 UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551 Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT Tel: 028 9049 1547 We belong to BirdLife International, the global partnership of bird conservation organisations. Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100 Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000 The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654. 232-0409-11-12 www.rspb.org.uk The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing – help us keep it that way. SOWING THE SEED There has been a substantial seizure of birds’ eggs in Scandinavia after a UK investigation into their illegal trade. For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw W L O IN THIS ISSUE: Suspended sentence not imposed on re-offender • Landmark case: two farmers fined for damaging protected woodland • Magistrates weep at badger baiting video • New DNA method used effectively in court
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