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LEGAL EAGLE Voices for the RSPB’S INVESTIGATIONS NEWSLETTER Nature JUNE 2008 No 55

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LEGAL EAGLE Voices for the RSPB’S INVESTIGATIONS NEWSLETTER Nature JUNE 2008 No 55 a million LEGAL EAGLE voices for THE RSPB’S INVESTIGATIONS NEWSLETTER nature JUNE 2008 No 55 Head gamekeeper James Shuttlewood (front) with PC Raspbeary at one of the cage traps holding a live pigeon on the Snilesworth Estate (there was no conviction regarding this trap). Award-winning gamekeeper convicted of illegal trapping James Shuttlewood, head gamekeeper of the Snilesworth fined £100. David Cook, 18, a trainee underkeeper, pleaded Estate, and two of his staff have been convicted in guilty to using two traps and received a 12-month conditional connection with an illegal trapping campaign, involving discharge. All were ordered to pay £43 towards prosecution cage traps baited with live pigeons in North Yorkshire. costs. It was clear that the court took a particularly serious view of Mr Shuttlewood’s involvement, outlining that his On 8 February 2008, three gamekeepers from the Snilesworth staff were carrying out his instructions and that his Estate pleaded guilty at Scarborough Magistrates’ Court to reputation had been tarnished. eight offences under the Wildlife and Countryside Act 1981. The head gamekeeper, James Shuttlewood, 40, an The Snilesworth Shoot, managed for the shooting of experienced gamekeeper of over 20 years, pleaded guilty to grouse, pheasants and partridges, operates on the Estate. permitting the use of five illegal traps by his staff, and was American businessman Bob Cieslukowski holds the lease fined £1,250. In 2005, Shuttlewood won a Purdey Game and of the moor, and its management is contracted to Mr Mark Conservation award. Osborne of Banbury. Charles Woof, 22, a gamekeeper covering the Scugdale Over an eight-day period in May 2007, a local farmer found Valley, pleaded guilty to using one of the traps, and was three portable cage traps all containing live pigeons in 3 IN THIS ISSUE: Council fined for dormouse habitat destruction O Wheal meet again? O Bluebells stir public emotion O National Wildlife Crime Unit (NWCU) funding secured O White-tailed eagles poisoned in Ireland 4 secluded woodland areas in the On 29 May 2007, David Cook was the efforts of WCOs PC Jeremy Scugdale Valley on the north side of filmed visiting two of the cage traps Walmsley and PC Mark Raspbeary, Dawn the Snilesworth Estate, on the North and providing grain and water for the Birkett of the CPS and the local farmer York Moors. Cage traps can be used captive pigeons. This evidence was who originally reported the matter. legally to control certain crows passed to the North Yorkshire Police, (typically magpies and carrion crows), and, assisted by the RSPB and RSPCA, but the use of live pigeons as bait is they visited the Snilesworth Estate on Gamekeeper David illegal, and such traps were clearly 31 May 2007. They spoke with some Cook caught on intended for the illegal trapping of of the gamekeepers and visited the camera feeding the birds of prey. This matter was reported cage traps to find that two of the six pigeon in an illegal to the police. live pigeons were still present, though cage trap on the it was suspected others may have Snilesworth Estate. On 26 May 2007, RSPB investigators been released prior to the police located a further four cage traps in arrival. This was confirmed in one case other locations on the Snilesworth by a covert camera left monitoring one Estate, and three of these also cage trap that showed a young man contained live pigeons. A fourth releasing the pigeon just a few trap held the remains of a dead minutes before the police arrived. pigeon, apparently plucked. The body Gamekeepers from the Estate were of a dead sparrowhawk, a suspected later interviewed by the police and trap victim, was found a short distance reported for a number of offences in J Leonard (RSPB) away, pushed down a hole. relation to the cage traps. RSPB investigators carried out covert In connection with this enquiry, the surveillance on two of the cage traps. RSPB would particularly like to thank PROSECUTIONS Hunters fined in Liverpool Merseyside WCO Steve Harris reports other equipment used for the illegal Rover, and that all the hunting on a recent hunting case: hunting of foxes and badgers, which equipment should be seized by police. was seized. During interview, each He was not able to make an order ‘On 4 February 2008, four hunters gave a different account of their regarding the dogs, despite a desire from Liverpool appeared at Liverpool activities. One admitted illegal hunting, to do so, as they had not been seized City Magistrates’ Court, facing charges and because of his good character, and could not be located and identified under Section 1 of the Hunting Act was given a police caution. The others so long after the event.’ 2004 relating to the illegal hunting were charged with hunting offences. of foxes and badgers, with dogs, in Information about wildlife crime North Wales. Peter Blackhall, 25, of A file was submitted to the Crown in Merseyside can be found on the Lapford Crescent, Liverpool, Thomas Prosecution Service (CPS). The CPS police website at: Bell, 23, of Exeter Close, Liverpool, prosecutor, like the arresting officers, www.merseyside.police.uk/html/ Adam Pengilley, 21, of Adlam Road, was unaware of the evidential crimeprevention/wildlife/index.htm Liverpool, and a 17-year-old youth significance of some of the seized pleaded guilty to the offences. The items and contemplated discontinuing Danny Green (rspb-images.com) adults were each fined £250, the the case. I was asked if I could provide youth was given a conditional a statement explaining the significance discharge for 12 months, and all of all the equipment. From my ordered to pay £80 costs. experience with other cases, I was able to describe how the equipment could The offences came to light in August be used in conjunction with sending 2007, when five hunters returning from dogs underground. North Wales in their Land Rover were arrested on suspicion of illegal hunting During sentencing, District Judge Mr after being stopped in Liverpool. They Abelson commented that the evidence were wearing camouflage clothing and against the men was overwhelming were in possession of dogs, spades, and that they were serious offences. electronic tracking devices, nets and He ordered the forfeiture of the Land Council fined for dormouse habitat destruction South Wales Police WCO Ian Guildford reports on what After consultation with the CPS I decided to summons two is believed to be the first ever UK conviction involving employees of the council and the council, as a corporate wild dormice: body, for offences of disturbance and destruction under both the WCA and the Habitat Regulations. As far as I can ‘Bridgend County Borough Council were fined £1,000 plus determine, this is the first ever conviction within the UK £100 costs on 20 December 2007 at Bridgend Magistrates’ relating to offences involving dormice.’ Court after pleading guilty to an offence of reckless disturbance of a Schedule 5 species under Sections 9(4)(b) Bridgend Council and 69 of the Wildlife and Countryside Act 1981 (WCA). All other summonses against the council and the two employees were discontinued following plea bargaining. This case relates to work that was carried out on the site of an old Second World War prisoner of war camp in Bridgend, South Wales. Various planning applications to develop the site resulted in a history of environmental surveys being carried out that identified the presence of dormice, as well as lesser horseshoe bats in the last remaining prisoner of war hut. At the beginning of 2007, the local authority discussed a proposal to control the scrub encroachment. Despite the results of the surveys, a tractor driver was duly dispatched to begin cutting back the encroaching growth. Once local residents became aware this work was being undertaken, it was stopped, but only after five days of cutting in areas The old prisoner of war camp in Bridgend, where known to contain dormice. the dormouse habitat destruction occurred. Pesticide fines for gamekeeper and employer Gordon Smart, the head gamekeeper for over 30 years on a search took place on 29 June 2006 on the Manningford the Manningford Bruce Estate, near Pewsey in Wiltshire, Bruce Estate and outbuildings at the home address of and his Portuguese employer Mr Nuno de Brito e Cunha Smart. No evidence relating to the poisoning incidents was (Visconde de Pereira Machado) have been convicted of found. However, a tube of the fumigant Phostoxin, which pesticide-related offences under the Food and Environment gives off the very toxic phosphene gas, was found unsafely Protection Act 1985 (FEPA). stored in Smart’s Land Rover and he admitted he had stored the product the previous evening in his home. There On 18 December 2007 at Kennet Magistrates’ Court, Smart are strict conditions for the use of this product and no pleaded guilty to five offences relating to the illegal storage suitable store was found on the Estate. and use of rodenticides and the fumigant Phostoxin. He was fined £1,000 and £100 costs. His employer, Viscount In a large open-fronted barn on the Estate, the search team Machado, pleaded guilty to two charges of permitting the found insecurely stored rodenticides and exposed bait. These unlawful use of rodenticides and failing to provide the rodenticide baits should be prepared to exclude possible necessary instruction, training and guidance. He was fined access by children and non-target animals. A syringe £3,500 and £400 costs. belonging to Smart was also discovered, and was found to contain traces of three agricultural pesticides – endrin, During the spring of 2006, three dead buzzards and a mevinphos and triazophos – when analysed.
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