UK Headquarters

The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters

25 Ravelston Terrace, Dunedin House, Edinburgh EH4 3TP Tel: 0131 311 6500

The RSPB speaks out for birds and wildlife, tacklingthe problems that threaten our environment. Natureis amazing – help us keep it that way.

We belong to BirdLife International, the globalpartnership of bird conservation organisations.

The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Walesno. 207076, Scotland no. SC037654. 232-0119-08-09

Northern Ireland Headquarters

Belvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales Headquarters

Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

The RSPB

a millionvoices fornature FEBRUARY 2009 No 57

Following a complex investigation by West Mercia Police

and the RSPB, Roger Venton, Head Gamekeeper of the

Kempton Estate near Aston-on-Clun in Shropshire, and

Underkeeper Kyle Burden have pleaded guilty to a number

of wildlife offences. What makes this case particularly

remarkable is that two gamekeepers previously employed

on the estate came forward independently in 2007 to report

extensive levels of persecution of birds of prey and badgers.

On 21 August 2008 at Telford Magistrates Court, Burdenpleaded guilty to nine offences under the Wildlife andCountryside Act 1981 and Protection of Badgers Act 1992.The offences included the intentional killing of two commonbuzzards and attempts to kill two more, clubbing twobadgers to death, illegally setting eight spring traps to take

birds of prey and possession of a shotgun to commitoffences. He was sentenced on 19 September, and despitehis young age and previous good character, Burden receiveda suspended 26-week jail sentence, 150 hours of communityservice and was ordered to pay £200 costs. He also asked forsix further wildlife offences to be taken into consideration.

On 3 December 2008, Venton pleaded guilty at the same court to two charges: of using a pole-trap and permitting Kyle Burden to illegally use a cage trap. The case wasadjourned for pre-sentence reports to 2 January 2009. Thecourt stated that Venton had been in a position of authority,had knowledge of what was happening and had failed tointervene. The matter was so serious that only a custodialsentence was appropriate. They imposed 3 months custody, 3

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

IN THIS ISSUE: Confidential hotline launched • First freshwater pearlmussel conviction • Hen harrier caution in Wales • Pigeon decapitated •Thieves steal rare orchids from Peak District • Mexico bans parrot trade

For more information on wild birds and the law, visit www.rspb.org.uk/birdlawTo sign the Bird of prey pledge, visit www.rspb.org.uk/birdsofprey

www.rspb.org.uk Cover: G Shorrock (RSPB)

AND FINALLY

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions

in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,

by e-mail to ian.west@rspb.org.uk or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those

of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to elizabeth.gilder@rspb.org.uk.

Write to be readGood men stand up

Final episodeof the JerrySimpson show

New WCO for MerseysideThe wildlife criminals of Merseysidewon’t be resting easy – there’s a newWCO in town. DC Kenny Dummigan has a life-long passion for birds andother wildlife and has served withMerseyside Police for 28 years, with

J Leon

ard (R

SP

B)

The gamekeepers who reported the illegal

killing of wildlife on the Kempton Estate

with Mark Thomas of the RSPB (centre)

WCO DC Jerry Simpson (right) receiving

a RSPB Certificate of Appreciation

24 years’ experience on CID that hastaken him all over the world.

Merseyside is a busy area for wildlifecrime and the experience Kenny hasalready gained in assisting former

Merseyside WCO Steve Harris will no doubt stand him in good stead.

The RSPB would like to extend a warmwelcome to Kenny, who started hisnew role on 8 December 2008.

In February 2009, WCO DC Jerry Simpson retired from

active service with Norfolk Constabulary. Jerry has been

involved in a number of high profile wildlife cases, including

the conviction of Barclay and Metcalf (see Legal Eagle 51),

and was one of the main driving forces behind Operation

Compass (the Norfolk Police initiative against egg collecting).

At the 20th UK Police and Customs Wildlife EnforcementConference in November 2007, Jerry received the PoliceLifetime Achievement Award after being nominated by his Assistant Chief Constable. The RSPB also presentedJerry with a certificate of appreciation for all his efforts inwildlife crime enforcement. Jerry will be greatly missed bythe force, although we are told not for his football skills!

4 concurrent on each offence, suspended for 12 months.Venton was also required to undertake 250 hours unpaidwork in the community and pay £2,000 costs.

The shooting on the Kempton Estate is managed by BettwsHall, based in Newtown in Wales. During the hearings ofVenton and Burden, the court heard that one of thegamekeeper witnesses contacted RSPB Investigations in June 2007. He reported that he had witnessed extensivepersecution, which included several buzzards being shot,and badgers caught in snare traps and then clubbed todeath. He initially contacted the National Gamekeepers’Organisation (NGO), but, having received an unsatisfactoryresponse, contacted the British Association of Shooting and Conservation (BASC) who advised him to contact the

authorities. The second gamekeeper witness was employedto replace the first, and decided to leave after only a weekon the estate. He also contacted the RSPB to reportoffences including the use of a pole-trap by Venton. Ofparticular concern was that both witnesses described in detail a ‘vermin’ notebook held by Burden, which theysaid documented the extensive killing of buzzards and otherwildlife during 2007. RSPB Investigations undertooksurveillance on the estate, and Venton was filmed tendingto a pheasant release pen containing a set pole-trap.

On 31 July 2007, the RSPB assisted West Mercia Police in carrying out search warrants on the estate. During thesearch, the notebook described by the witnesses was foundin the possession of Kyle Burden. This listed 102 buzzards, 40 ravens and 37 badgers, plus entries believed to relate to other raptors. A raven that had been shot was also foundon the estate. Both Burden and Venton, after denying anyinvolvement during interview, were reported for offences.

After the case, RSPB Investigations Officer Mark Thomaspraised the two witnesses saying, “Their actions were brave,public spirited and show the decent law abiding face ofgame keeping.” The RSPB wishes to place on record ourthanks to the two witnesses in this case, CPS Solicitor PhilMason, Barrister Geoffrey Dann and PC Tim Griffiths.

Read a first-hand account at:http://blogs.rspb.org.uk/investigations

On 6 October 2008, Alistair Waters of

Lee Crescent, North Aberdeen, was fined

£600 at Oban Sheriff Court for recklessly

disturbing a white-tailed eagle.

Waters was seen taking photographs at the Mull nest site on 4 March 2008,and an eagle was seen flying andcalling in a distressed manner. All eaglenests on Mull are closely monitored,and WCO PC Finlay Christine informedthe court an egg had been laid in the24-hour period prior to the disturbance.The nest subsequently failed.

Mull Eagle Watch is held every year.Signs are placed all over the island and

a public hide allows visitors to viewthe eagles without disturbing them.White-tailed eagles receive specialprotection under Schedule 1 of theWildlife and Countryside Act 1981, and their nests are legally protected all year round.

Sheriff Douglas Small said, “I have to take into account the consequences(to the birds) of this reckless conduct.”

RSPB Mull Officer Dave Sexton also commented, “We welcomeresponsible tourists to Mull. Whathappened here wasn’t responsible, it was reckless.”

Confidential hotline launchedOn 3 December 2008, following the revelations during the

investigation of events on the Kempton Estate, the RSPB

launched a confidential hotline to provide a way for people

to report offences against birds of prey. The hotline is

primarily intended for gamekeepers and people in the

shooting industry. It allows people to supply information

in confidence, and to report situations in which they are

pressured into breaking the law or killing birds of prey

as part of their job.

Over 70% of those convicted of offences relating to thepersecution of birds of prey are employed in the gameindustry, and they are invariably gamekeepers. Although it is often the gamekeeper with his ‘finger on the trigger’,the RSPB believes that it is those within the shootingindustry – the employers and managers of gamekeepers –who are primarily responsible for the continuingpersecution of birds of prey. These are people who have been orchestrating these offences for decades andhiding behind the criminal actions of their staff.

Many gamekeeping jobs include a house as part of theemployment benefits. This gives senior staff a big hold over gamekeepers, as anybody who speaks out risks losingnot only their job, but also their home. In recent years, a number of gamekeepers have come forward to reportcrimes, and we hope that this new hotline will encourageothers to come forward. The RSPB intends to place the

PROSECUTIONS

£600 fine for white-tailedeagle disturbance

in the law may be necessary to cater forthe situation where CITES specimensprohibited from trade are supplied free as part of a financial transaction.

Dodsworth still has to face severalcharges relating to the possession of birds’ eggs and taxidermyspecimens, and is expected back in Magistrates Court in 2009.

The RSPB would like to thankNorthumbria Police WCO Derek Moss (now retired), PC Paul Henery,Michael Stephenson (CPS), Tom Moran (Barrister) and expert witnesses Eric Moreton and Andrew McCoull for their assistance in this case.

A South Shields man has been

sentenced to a nine-month conditional

discharge after illegally buying two

stuffed birds of prey.

On 15 October 2008, John Dodsworthof Rodin Avenue, South Shields, wassentenced at Newcastle Crown Courtafter pleading guilty to the purchase of a marsh harrier and a honeybuzzard contrary to Regulation 8, the Control of Trade in EndangeredSpecies (COTES) Regulations 1997.Both species are listed on Annex A of the EU’s CITES regulations.Dodsworth was found not guilty onthree charges, and one other charge,for the purchase of further Annex Aspecimens, was discontinued.

The investigation began in lateOctober 2006, following a searchwarrant executed by NorthumbriaPolice, assisted by the RSPB. A largeegg collection was seized, whichcontained some CITES Annex Aspecies such as golden eagles andhoney buzzards, as well as a numberof taxidermy specimens.

During interview, Dodsworth claimedhe had bought a number of taxidermyspecimens, including some from eBay,and that no Article 10 Certificates hadbeen supplied. He claimed he had

purchased a large cabinet from therecently deceased egg collector MichaelDawson for £600, and that the severalhundred eggs it contained ‘came free’.

In court, Dodsworth stated he had been trying to build up a collection of eggs from legitimate sources. Heaccepted that he had been devastatedwhen a large egg collection had beenconfiscated following a previousconviction in 1998, but denied thepurchase of the cabinet was a ruse to obtain the eggs. An experiencedauctioneer gave evidence and valuedthe cabinet at less than £100. However,he was found not guilty in relation tothis matter. The RSPB believes a change

Acquittal over ‘gift’ of eggs

Press A

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Ch

ris Go

mersall (rsp

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G S

ho

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RS

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)

White-tailed eagle

Dodsworth was

convicted of purchasing

a honey buzzard and a

marsh harrier

Kyle Burden Roger Venton Kyle Burden Roger Venton

2 3

advert for the hotline in a number of magazines, althoughShooting Times has already refused to place the advert.

The confidential hotline is 0845 4663636 (0845 GOODMEN),www.rspb.org.uk/goodmen

4 concurrent on each offence, suspended for 12 months.Venton was also required to undertake 250 hours unpaidwork in the community and pay £2,000 costs.

The shooting on the Kempton Estate is managed by BettwsHall, based in Newtown in Wales. During the hearings ofVenton and Burden, the court heard that one of thegamekeeper witnesses contacted RSPB Investigations in June 2007. He reported that he had witnessed extensivepersecution, which included several buzzards being shot,and badgers caught in snare traps and then clubbed todeath. He initially contacted the National Gamekeepers’Organisation (NGO), but, having received an unsatisfactoryresponse, contacted the British Association of Shooting and Conservation (BASC) who advised him to contact the

authorities. The second gamekeeper witness was employedto replace the first, and decided to leave after only a weekon the estate. He also contacted the RSPB to reportoffences including the use of a pole-trap by Venton. Ofparticular concern was that both witnesses described in detail a ‘vermin’ notebook held by Burden, which theysaid documented the extensive killing of buzzards and otherwildlife during 2007. RSPB Investigations undertooksurveillance on the estate, and Venton was filmed tendingto a pheasant release pen containing a set pole-trap.

On 31 July 2007, the RSPB assisted West Mercia Police in carrying out search warrants on the estate. During thesearch, the notebook described by the witnesses was foundin the possession of Kyle Burden. This listed 102 buzzards, 40 ravens and 37 badgers, plus entries believed to relate to other raptors. A raven that had been shot was also foundon the estate. Both Burden and Venton, after denying anyinvolvement during interview, were reported for offences.

After the case, RSPB Investigations Officer Mark Thomaspraised the two witnesses saying, “Their actions were brave,public spirited and show the decent law abiding face ofgame keeping.” The RSPB wishes to place on record ourthanks to the two witnesses in this case, CPS Solicitor PhilMason, Barrister Geoffrey Dann and PC Tim Griffiths.

Read a first-hand account at:http://blogs.rspb.org.uk/investigations

On 6 October 2008, Alistair Waters of

Lee Crescent, North Aberdeen, was fined

£600 at Oban Sheriff Court for recklessly

disturbing a white-tailed eagle.

Waters was seen taking photographs at the Mull nest site on 4 March 2008,and an eagle was seen flying andcalling in a distressed manner. All eaglenests on Mull are closely monitored,and WCO PC Finlay Christine informedthe court an egg had been laid in the24-hour period prior to the disturbance.The nest subsequently failed.

Mull Eagle Watch is held every year.Signs are placed all over the island and

a public hide allows visitors to viewthe eagles without disturbing them.White-tailed eagles receive specialprotection under Schedule 1 of theWildlife and Countryside Act 1981, and their nests are legally protected all year round.

Sheriff Douglas Small said, “I have to take into account the consequences(to the birds) of this reckless conduct.”

RSPB Mull Officer Dave Sexton also commented, “We welcomeresponsible tourists to Mull. Whathappened here wasn’t responsible, it was reckless.”

Confidential hotline launchedOn 3 December 2008, following the revelations during the

investigation of events on the Kempton Estate, the RSPB

launched a confidential hotline to provide a way for people

to report offences against birds of prey. The hotline is

primarily intended for gamekeepers and people in the

shooting industry. It allows people to supply information

in confidence, and to report situations in which they are

pressured into breaking the law or killing birds of prey

as part of their job.

Over 70% of those convicted of offences relating to thepersecution of birds of prey are employed in the gameindustry, and they are invariably gamekeepers. Although it is often the gamekeeper with his ‘finger on the trigger’,the RSPB believes that it is those within the shootingindustry – the employers and managers of gamekeepers –who are primarily responsible for the continuingpersecution of birds of prey. These are people who have been orchestrating these offences for decades andhiding behind the criminal actions of their staff.

Many gamekeeping jobs include a house as part of theemployment benefits. This gives senior staff a big hold over gamekeepers, as anybody who speaks out risks losingnot only their job, but also their home. In recent years, a number of gamekeepers have come forward to reportcrimes, and we hope that this new hotline will encourageothers to come forward. The RSPB intends to place the

PROSECUTIONS

£600 fine for white-tailedeagle disturbance

in the law may be necessary to cater forthe situation where CITES specimensprohibited from trade are supplied free as part of a financial transaction.

Dodsworth still has to face severalcharges relating to the possession of birds’ eggs and taxidermyspecimens, and is expected back in Magistrates Court in 2009.

The RSPB would like to thankNorthumbria Police WCO Derek Moss (now retired), PC Paul Henery,Michael Stephenson (CPS), Tom Moran (Barrister) and expert witnesses Eric Moreton and Andrew McCoull for their assistance in this case.

A South Shields man has been

sentenced to a nine-month conditional

discharge after illegally buying two

stuffed birds of prey.

On 15 October 2008, John Dodsworthof Rodin Avenue, South Shields, wassentenced at Newcastle Crown Courtafter pleading guilty to the purchase of a marsh harrier and a honeybuzzard contrary to Regulation 8, the Control of Trade in EndangeredSpecies (COTES) Regulations 1997.Both species are listed on Annex A of the EU’s CITES regulations.Dodsworth was found not guilty onthree charges, and one other charge,for the purchase of further Annex Aspecimens, was discontinued.

The investigation began in lateOctober 2006, following a searchwarrant executed by NorthumbriaPolice, assisted by the RSPB. A largeegg collection was seized, whichcontained some CITES Annex Aspecies such as golden eagles andhoney buzzards, as well as a numberof taxidermy specimens.

During interview, Dodsworth claimedhe had bought a number of taxidermyspecimens, including some from eBay,and that no Article 10 Certificates hadbeen supplied. He claimed he had

purchased a large cabinet from therecently deceased egg collector MichaelDawson for £600, and that the severalhundred eggs it contained ‘came free’.

In court, Dodsworth stated he had been trying to build up a collection of eggs from legitimate sources. Heaccepted that he had been devastatedwhen a large egg collection had beenconfiscated following a previousconviction in 1998, but denied thepurchase of the cabinet was a ruse to obtain the eggs. An experiencedauctioneer gave evidence and valuedthe cabinet at less than £100. However,he was found not guilty in relation tothis matter. The RSPB believes a change

Acquittal over ‘gift’ of eggs

Press A

ssociatio

n

ww

w.n

ewsteam

.co.u

k

Ch

ris Go

mersall (rsp

b-im

ages.co

m)

G S

ho

rro

ck (

RS

PB

)

White-tailed eagle

Dodsworth was

convicted of purchasing

a honey buzzard and a

marsh harrier

Kyle Burden Roger Venton Kyle Burden Roger Venton

2 3

advert for the hotline in a number of magazines, althoughShooting Times has already refused to place the advert.

The confidential hotline is 0845 4663636 (0845 GOODMEN),www.rspb.org.uk/goodmen

A thousand pound ‘tern for the worse’

First freshwater pearl mussel conviction

remove, handle or disturb them. The only English rivers currentlysupporting significant populations are in Cumbria and Northumberland –the Environment Agency is unable topredict if the River Irt will ever recover.

Jonathan Shatwell, Area EnvironmentManager at the Environment Agency,said, “The extent of the damagecaused in this incident wasunprecedented and could have beenavoided if advice had been soughtfrom the Environment Agency.”

The Environment Agency and Cumbria

Police have secured the first

successful UK prosecution for damage

to freshwater pearl mussels and their

habitat. On 19 September 2008, Jason

Phizacklea of Santon pleaded guilty at

Whitehaven Magistrates Court to

offences under the Wildlife and

Countryside Act 1981, the Salmon and

Freshwater Fisheries Act 1975 and the

Water Resources Act 1991.

The charges relate to an incident inFebruary 2008 when Phizacklea took

an excavator into the River Irt inCumbria without Environment Agencypermission, causing extensive damageto over 1 km of the river anddestroying freshwater pearl musselsand thousands of salmon and trouteggs. Phizacklea received a 12-monthconditional discharge and was orderedto pay £2,350 in costs.

Extinct in much of England and Wales,freshwater pearl mussels are protectedthrough national and internationallegislation, and it is an offence to

Community service for Essex wild bird trader

Motoring madness damage to habitats, as well as injury to those actively involved and innocentbystanders. Close collaborationbetween agency partners and keenmedia interest helped bring about the downfall of those responsible and the media coverage has also acted as a great deterrent in theproblem of off-road driving.”

In May 2008, WCO PC Andy Swinburne

of Northumbria Police was informed

of video footage on the website

YouTube showing two males filming

themselves driving off road within

Lindisfarne National Nature Reserve.

The reserve is designated an SSSI

and affords European Protection

as a Special Area of Conservation.

The footage, “Cav Holy Island”,depicted a white Vauxhall Cavalierperforming over a dozen handbraketurns off the public road linking theisland to the mainland, destroyinghabitat and endangering the lives of other road users. The date of theoffence could not be established and direct evidence of SSSI damagecould not be recovered, but headwarden Phil Davey stated that valuable saltmarsh habitat andintertidal sand flats would have been churned up during the frenzieddriving spree.

On 15 October 2008, the driver, PaulGilmore of Prospect Avenue, Wallsend,and the passenger, Osmond LeePearson of Greencroft Avenue, Walker,appeared at Newcastle Crown Court.The two men, both aged 30 and fromNorth Tyneside, pleaded guilty to

reduced charges of careless drivingand aiding and abetting carelessdriving respectively. They received asix-month conditional discharge andthree penalty points each.

PC Swinburne commented, “This case highlights problems faced by off-roading on SSSI sites; the potential

John Stanley Brockis, of Great Totham, Essex, has been

ordered to carry out 120 hours of unpaid work and pay

costs of £8,679.09 after pleading guilty to four charges

of illegally possessing wild birds and two charges of

exposing wild birds for sale.

The sentencing at Southend Magistrates Court on 18 November followed a year-long investigation intoBrockis’ business, Woodlea Birds. Test purchases by theRSPCA led to a joint Essex police and RSPCA searchwarrant on Woodlea Birds in November 2007. A largenumber of birds were discovered, including one redpoll, 29 goldfinches, five greenfinches and five bullfinches. All of the birds had been illegally fitted with tampered leg rings. Expert Roger Caton examined the birds andconcluded that none of them had been legally bred incaptivity. Brockis claimed he purchased the birds in

good faith from people who arrived with them in his shop,and he thought the leg rings were legitimate.

Inspector Cliff Harrison, from RSPCA’s Special OperationsUnit, said, “This is a very serious case as it involves a large number of birds and clearly a profit is being made on the back of their suffering. We are grateful to WCO PC Andrew Long and his team at Essex Police for theirassistance in this case.”

PC Andrew Long, Essex Police Wildlife Crime Co-ordinator,added, “This case once again shows that where possibleEssex Police will work with other agencies to tackle wildlifecrime. Essex Police takes wildlife crime seriously and I urgeanyone with information on any aspect of Wildlife Crime tocontact their local Essex Police Wildlife Crime Officer on0300 333 4444 or e-mail wildlife@essex.pnn.police.uk”

and going equipped with a shotgun to commit the offence. He was fined£1,000 and instructed to pay £200 costs for what the magistrates termeda ‘regrettable incident’.

Burgess had earlier suggested hethought the bird was a black-headedgull, ironically a species that is alsofully protected.

In June 2008, fishery owner Gordon

Burgess, of Alan Moss Road in

Loughborough, Leicestershire, was

witnessed shooting a common tern,

which was flying over Donnington

lake, Hemmington, Leicestershire.

The dead bird was recovered from the water by the witnesses who had been fishing on the lake, and

the matter was reported to the police.Burgess was interviewed and deniedthe offence. An impact statement was supplied by RSPB Investigationsand the case was overseen by WCONeil Hughes.

At Loughborough Magistrates Courton 21 November 2008, Burgesspleaded guilty to injuring the bird

Nat

ura

l En

gla

nd

Cu

mb

ria Po

lice

Damage assessment

for freshwater pearl

mussels on the River Irt

Lindisfarne National Nature Reserve

Damage assessment

for freshwater pearl

mussels on the River Irt

4 5

A thousand pound ‘tern for the worse’

First freshwater pearl mussel conviction

remove, handle or disturb them. The only English rivers currentlysupporting significant populations are in Cumbria and Northumberland –the Environment Agency is unable topredict if the River Irt will ever recover.

Jonathan Shatwell, Area EnvironmentManager at the Environment Agency,said, “The extent of the damagecaused in this incident wasunprecedented and could have beenavoided if advice had been soughtfrom the Environment Agency.”

The Environment Agency and Cumbria

Police have secured the first

successful UK prosecution for damage

to freshwater pearl mussels and their

habitat. On 19 September 2008, Jason

Phizacklea of Santon pleaded guilty at

Whitehaven Magistrates Court to

offences under the Wildlife and

Countryside Act 1981, the Salmon and

Freshwater Fisheries Act 1975 and the

Water Resources Act 1991.

The charges relate to an incident inFebruary 2008 when Phizacklea took

an excavator into the River Irt inCumbria without Environment Agencypermission, causing extensive damageto over 1 km of the river anddestroying freshwater pearl musselsand thousands of salmon and trouteggs. Phizacklea received a 12-monthconditional discharge and was orderedto pay £2,350 in costs.

Extinct in much of England and Wales,freshwater pearl mussels are protectedthrough national and internationallegislation, and it is an offence to

Community service for Essex wild bird trader

Motoring madness damage to habitats, as well as injury to those actively involved and innocentbystanders. Close collaborationbetween agency partners and keenmedia interest helped bring about the downfall of those responsible and the media coverage has also acted as a great deterrent in theproblem of off-road driving.”

In May 2008, WCO PC Andy Swinburne

of Northumbria Police was informed

of video footage on the website

YouTube showing two males filming

themselves driving off road within

Lindisfarne National Nature Reserve.

The reserve is designated an SSSI

and affords European Protection

as a Special Area of Conservation.

The footage, “Cav Holy Island”,depicted a white Vauxhall Cavalierperforming over a dozen handbraketurns off the public road linking theisland to the mainland, destroyinghabitat and endangering the lives of other road users. The date of theoffence could not be established and direct evidence of SSSI damagecould not be recovered, but headwarden Phil Davey stated that valuable saltmarsh habitat andintertidal sand flats would have been churned up during the frenzieddriving spree.

On 15 October 2008, the driver, PaulGilmore of Prospect Avenue, Wallsend,and the passenger, Osmond LeePearson of Greencroft Avenue, Walker,appeared at Newcastle Crown Court.The two men, both aged 30 and fromNorth Tyneside, pleaded guilty to

reduced charges of careless drivingand aiding and abetting carelessdriving respectively. They received asix-month conditional discharge andthree penalty points each.

PC Swinburne commented, “This case highlights problems faced by off-roading on SSSI sites; the potential

John Stanley Brockis, of Great Totham, Essex, has been

ordered to carry out 120 hours of unpaid work and pay

costs of £8,679.09 after pleading guilty to four charges

of illegally possessing wild birds and two charges of

exposing wild birds for sale.

The sentencing at Southend Magistrates Court on 18 November followed a year-long investigation intoBrockis’ business, Woodlea Birds. Test purchases by theRSPCA led to a joint Essex police and RSPCA searchwarrant on Woodlea Birds in November 2007. A largenumber of birds were discovered, including one redpoll, 29 goldfinches, five greenfinches and five bullfinches. All of the birds had been illegally fitted with tampered leg rings. Expert Roger Caton examined the birds andconcluded that none of them had been legally bred incaptivity. Brockis claimed he purchased the birds in

good faith from people who arrived with them in his shop,and he thought the leg rings were legitimate.

Inspector Cliff Harrison, from RSPCA’s Special OperationsUnit, said, “This is a very serious case as it involves a large number of birds and clearly a profit is being made on the back of their suffering. We are grateful to WCO PC Andrew Long and his team at Essex Police for theirassistance in this case.”

PC Andrew Long, Essex Police Wildlife Crime Co-ordinator,added, “This case once again shows that where possibleEssex Police will work with other agencies to tackle wildlifecrime. Essex Police takes wildlife crime seriously and I urgeanyone with information on any aspect of Wildlife Crime tocontact their local Essex Police Wildlife Crime Officer on0300 333 4444 or e-mail wildlife@essex.pnn.police.uk”

and going equipped with a shotgun to commit the offence. He was fined£1,000 and instructed to pay £200 costs for what the magistrates termeda ‘regrettable incident’.

Burgess had earlier suggested hethought the bird was a black-headedgull, ironically a species that is alsofully protected.

In June 2008, fishery owner Gordon

Burgess, of Alan Moss Road in

Loughborough, Leicestershire, was

witnessed shooting a common tern,

which was flying over Donnington

lake, Hemmington, Leicestershire.

The dead bird was recovered from the water by the witnesses who had been fishing on the lake, and

the matter was reported to the police.Burgess was interviewed and deniedthe offence. An impact statement was supplied by RSPB Investigationsand the case was overseen by WCONeil Hughes.

At Loughborough Magistrates Courton 21 November 2008, Burgesspleaded guilty to injuring the bird

Nat

ura

l En

gla

nd

Cu

mb

ria Po

lice

Damage assessment

for freshwater pearl

mussels on the River Irt

Lindisfarne National Nature Reserve

Damage assessment

for freshwater pearl

mussels on the River Irt

4 5

Scottish gamekeeper fined and banned from using General Licences

Gamekeeper drove a horse and cart through the law

not signed and did not have properprovisions for storing fumigantpesticides. In the store were containersof Cymag, which was made illegal in1997, and even more alarming was a quantity of Cymag decanted into aglass jar. An Enforcement Notice waslater served for proper disposal of awide range of unapproved pesticides.

The Judge stated that Freeman had‘driven a horse and cart’ through theregulations, but the fine was limited by his financial situation. No costswere awarded, but the Judgeunusually indicated that the estatemight like to consider making adonation to a charity of its choice for the costs of £680 requested by the CPS. The estate is owned by Lord Vestey, who is classed as one of the wealthiest men in Britain.

The investigation also implicated theShooting Land Agent Simon Clowes of the firm David and Bowring forfailing to properly supervise Freemanand ensure pesticides were legally and safely stored. The trial of Clowes, for four offences of permitting FEPA offences, was set to begin on 27 October. However, there were twodays of legal argument, which centredon the definition of the word ‘permit’.The prosecution maintained that themanagement position of Clowes wasanalogous to that of an employer and the broader definition of permitshould apply. The Judge decided thata narrow definition of permit wasappropriate, and, in the circumstances,the CPS felt they were obliged todiscontinue the case.

Freeman potentially still faces a furtheroffence under Section 1892 of theWildlife and Countryside Act 1981relating to an allegation that syringesfound at Freeman’s home containedtraces of alphachloralose.

The RSPB wishes to thank all theagencies involved – in particular WCOs PC Gareth Jones and PC MarkRasbeary, David Tucker, Sarah Tyrerand Denise Smith of the CPS andBarrister Sarah Mallet.

On 20 November 2008, and following

an earlier guilty plea, James Freeman,

Head Gamekeeper on the Stein

Estate, Nidderdale, North Yorkshire,

was sentenced for eight charges

under the Food and Environment

Protection Act 1985 (FEPA) and The

Health and Safety at Work Act 1974.

These related to the unlawful storage

and use of five different pesticides.

Freeman was fined £750.

In 2006, the RSPB received informationthat a male in the Midlands wassupplying pesticides, acquired fromIreland, to several shooting estates in the north of England for use inillegal predator control.

In the spring of 2007, following callsfrom the public, the RSPB located adead buzzard, a dead gull and a numberof rabbit carcasses on two of the estatesmentioned. Analysis confirmed the

pesticide alphachloralose, which has a long history in wildlife poisoning.

In May 2007, ‘Operation Worm’ – a jointoperation involving North Yorkshire andWest Mercia Police forces, supported byNatural England, the Defra InvestigationService (DIS) and the RSPB – executedwarrants at a number of addresses. A number of unapproved andimproperly stored pesticides, includingalphachloralose imported from Eire,were discovered at an address inShropshire. A man was later cautionedfor offences (see Legal Eagle 55).

A container of alphachloralose wasfound in a gun cabinet at Freeman’shome. The origin of this product wasnot ascertained. Containers ofunapproved strychnine and thefumigant Phostoxin were found storedin his home, a vehicle and an insecureoutbuilding. His pesticide store was

Caution for hen harrierdisturbance in Wales

David Alexander Whitefield, a 41-year-old gamekeeper of

Coulter, South Lanarkshire, has been fined £300 for using

a crow cage trap illegally.

On 4 March 2008, SSPCA were informed of a commonbuzzard in a crow cage trap near Birthwood farm, Coulter.The SSPCA Investigations Support Unit attended anddiscovered the trap contained no food, water or shelter asrequired by law, and no door was evident to enable swiftrelease of non-target species. Four inches of snow coveredthe ground and no footprints or vehicle tracks were evidentwithin the vicinity of the cage trap. It was likely the trap hadnot been inspected for at least 48 hours.

On 1 October, Whitefield appeared before Lanark SheriffCourt and pleaded guilty to charges of failing to ensure the welfare of the bird (section 24 of the Animal Health and Welfare [Scotland] Act 2006) and recklessly taking acommon buzzard. Following his conviction, Whitefield isalso barred from using the Scottish Open General Licencesas long as his conviction remains current under theRehabilitation of Offenders Act 1974 (5 years in this case).

Commenting, Bob Elliot, Head of RSPB InvestigationsScotland, said, ”This was a very fast response from theSSPCA’s Investigations Unit regarding an urgent welfare

issue. Whilst £300 is a disappointingly small fine, thisconviction sends out the clear message that operators ofcrow cage traps must comply with the law. We urge all landmanagers to ensure staff are aware of their responsibilitiesas stated in the Open General Licences. Non-target speciessuch as buzzards being caught in these traps is a particularconcern – if caught they must be released immediately.”

A retired schoolteacher has received an official police

caution for the reckless disturbance of a pair of breeding

hen harriers on an RSPB reserve in central Wales.

On 24 June 2008, a member of the public was observed by an RSPB Site Manager taking photographs of a pair ofhen harriers on the nature reserve. The pair of birds, whichwere nesting close to a public footpath, were alarm-callingand circling low over his head. The disturbance carried onfor about 30 minutes, by which time the Site Manager hadarrived and asked the man to leave.

During a follow-up search, the police, assisted by the RSPB,discovered a diary indicating that the man had found thebreeding birds the day prior to the incident, and had evenmade a note, “I’ll go back with my camera.”

The RSPB wishes to thanks Sgt Ian Guildford, PC CharleenJones and PC Emma Davies for their assistance in this investigation.

Yorksh

ire Po

st New

spap

ers

An

dy H

ay (rspb

-imag

es.com

)

SS

PC

A

Head Gamekeeper, James

Freeman, was convicted

of eight pesticide offences

Hen harrier

Buzzard in crow cage

trap near Coulter

Buzzard in crow cage

trap near Coulter

6 7

Scottish gamekeeper fined and banned from using General Licences

Gamekeeper drove a horse and cart through the law

not signed and did not have properprovisions for storing fumigantpesticides. In the store were containersof Cymag, which was made illegal in1997, and even more alarming was a quantity of Cymag decanted into aglass jar. An Enforcement Notice waslater served for proper disposal of awide range of unapproved pesticides.

The Judge stated that Freeman had‘driven a horse and cart’ through theregulations, but the fine was limited by his financial situation. No costswere awarded, but the Judgeunusually indicated that the estatemight like to consider making adonation to a charity of its choice for the costs of £680 requested by the CPS. The estate is owned by Lord Vestey, who is classed as one of the wealthiest men in Britain.

The investigation also implicated theShooting Land Agent Simon Clowes of the firm David and Bowring forfailing to properly supervise Freemanand ensure pesticides were legally and safely stored. The trial of Clowes, for four offences of permitting FEPA offences, was set to begin on 27 October. However, there were twodays of legal argument, which centredon the definition of the word ‘permit’.The prosecution maintained that themanagement position of Clowes wasanalogous to that of an employer and the broader definition of permitshould apply. The Judge decided thata narrow definition of permit wasappropriate, and, in the circumstances,the CPS felt they were obliged todiscontinue the case.

Freeman potentially still faces a furtheroffence under Section 1892 of theWildlife and Countryside Act 1981relating to an allegation that syringesfound at Freeman’s home containedtraces of alphachloralose.

The RSPB wishes to thank all theagencies involved – in particular WCOs PC Gareth Jones and PC MarkRasbeary, David Tucker, Sarah Tyrerand Denise Smith of the CPS andBarrister Sarah Mallet.

On 20 November 2008, and following

an earlier guilty plea, James Freeman,

Head Gamekeeper on the Stein

Estate, Nidderdale, North Yorkshire,

was sentenced for eight charges

under the Food and Environment

Protection Act 1985 (FEPA) and The

Health and Safety at Work Act 1974.

These related to the unlawful storage

and use of five different pesticides.

Freeman was fined £750.

In 2006, the RSPB received informationthat a male in the Midlands wassupplying pesticides, acquired fromIreland, to several shooting estates in the north of England for use inillegal predator control.

In the spring of 2007, following callsfrom the public, the RSPB located adead buzzard, a dead gull and a numberof rabbit carcasses on two of the estatesmentioned. Analysis confirmed the

pesticide alphachloralose, which has a long history in wildlife poisoning.

In May 2007, ‘Operation Worm’ – a jointoperation involving North Yorkshire andWest Mercia Police forces, supported byNatural England, the Defra InvestigationService (DIS) and the RSPB – executedwarrants at a number of addresses. A number of unapproved andimproperly stored pesticides, includingalphachloralose imported from Eire,were discovered at an address inShropshire. A man was later cautionedfor offences (see Legal Eagle 55).

A container of alphachloralose wasfound in a gun cabinet at Freeman’shome. The origin of this product wasnot ascertained. Containers ofunapproved strychnine and thefumigant Phostoxin were found storedin his home, a vehicle and an insecureoutbuilding. His pesticide store was

Caution for hen harrierdisturbance in Wales

David Alexander Whitefield, a 41-year-old gamekeeper of

Coulter, South Lanarkshire, has been fined £300 for using

a crow cage trap illegally.

On 4 March 2008, SSPCA were informed of a commonbuzzard in a crow cage trap near Birthwood farm, Coulter.The SSPCA Investigations Support Unit attended anddiscovered the trap contained no food, water or shelter asrequired by law, and no door was evident to enable swiftrelease of non-target species. Four inches of snow coveredthe ground and no footprints or vehicle tracks were evidentwithin the vicinity of the cage trap. It was likely the trap hadnot been inspected for at least 48 hours.

On 1 October, Whitefield appeared before Lanark SheriffCourt and pleaded guilty to charges of failing to ensure the welfare of the bird (section 24 of the Animal Health and Welfare [Scotland] Act 2006) and recklessly taking acommon buzzard. Following his conviction, Whitefield isalso barred from using the Scottish Open General Licencesas long as his conviction remains current under theRehabilitation of Offenders Act 1974 (5 years in this case).

Commenting, Bob Elliot, Head of RSPB InvestigationsScotland, said, ”This was a very fast response from theSSPCA’s Investigations Unit regarding an urgent welfare

issue. Whilst £300 is a disappointingly small fine, thisconviction sends out the clear message that operators ofcrow cage traps must comply with the law. We urge all landmanagers to ensure staff are aware of their responsibilitiesas stated in the Open General Licences. Non-target speciessuch as buzzards being caught in these traps is a particularconcern – if caught they must be released immediately.”

A retired schoolteacher has received an official police

caution for the reckless disturbance of a pair of breeding

hen harriers on an RSPB reserve in central Wales.

On 24 June 2008, a member of the public was observed by an RSPB Site Manager taking photographs of a pair ofhen harriers on the nature reserve. The pair of birds, whichwere nesting close to a public footpath, were alarm-callingand circling low over his head. The disturbance carried onfor about 30 minutes, by which time the Site Manager hadarrived and asked the man to leave.

During a follow-up search, the police, assisted by the RSPB,discovered a diary indicating that the man had found thebreeding birds the day prior to the incident, and had evenmade a note, “I’ll go back with my camera.”

The RSPB wishes to thanks Sgt Ian Guildford, PC CharleenJones and PC Emma Davies for their assistance in this investigation.

Yorksh

ire Po

st New

spap

ers

An

dy H

ay (rspb

-imag

es.com

)S

SP

CA

Head Gamekeeper, James

Freeman, was convicted

of eight pesticide offences

Hen harrier

Buzzard in crow cage

trap near Coulter

Buzzard in crow cage

trap near Coulter

6 7

Pigeon decapitated

Just for a lark One step forward,two steps back!

plant protection products on farms.Consequently, UK authorities will stillbe able to withhold farm subsidiesfrom landowners where improperstorage and use of certain pesticidesoccurs; this includes several productsregularly used to poison wildlife.

The subsidies to the Glenogil Estatewere withheld in October 2008 by theScottish Executive after the policediscovered poisoned baits and tracesof the same illegal and lethally toxicchemicals in estate vehicles, gamebags and knives on the estate in 2006.The owner, John Dodd, is appealingagainst the penalty. He has denied any wrongdoing and stated that hisstaff, who have not been convicted of any offences, are innocent of anyillegal activity.

In a separate incident, a white-tailedeagle was found dead in May 2008close to the Glenquiech and GlenogilEstates. In a subsequent search of theGlenogil Estate, Police and RSPBinvestigators found 32 cubes ofvenison laced with three differentpesticides (carbofuran, bendiocarb and isofenphos) placed on fence posts.The body of a butchered mountainhare, also laced with poison, wasfound nearby. This was the largestsingle seizure of poisoned baits inScotland for many years.

The eagle was identified by its wingtags as ‘White G’, a male hatched onMull in 2007. It had ingested a lethalmix of carbofuran and bendiocarb. A dead buzzard, found close by, hadalso been poisoned. Only a few weeks earlier, the young eagle hadbeen filmed trying to steal a fish from an otter in a loch on Mull (seewww.guardian.co.uk/environment/video/2008/nov/10/sea-eagle-mull).

Despite the extremely serious natureof these offences, the RSPB isconcerned that no proper policefollow-up has been carried out andhave written to the Tayside ChiefConstable in relation to this.

The Glenogil Estate in Tayside,

Scotland, owned by multimillionaire

investment banker John Dodd, has

had a record £107,650 in farm subsidy

payments withheld by the Scottish

Executive after police found poisoned

baits and illegal pesticides on the

estate in 2006.

However, in November 2008, in aneffort to streamline the CommonAgricultural Policy (CAP), the EUrestricted the UK authorities fromtaking similar actions in the future. The EU removed ‘cross compliance’ –the name given to the links betweenCAP payments and other laws – with Article 8 of the Birds Directive.Article 8 bans the use of non-selectivemethods of capture or killing of birds,including poisons and traps.

Duncan McNiven, Senior InvestigationsOfficer at the RSPB, said, “This is a

blow for wildlife protection in the UK.Deliberate poisoning is a major threatto birds of prey; we had 49 reports of raptors being poisoned in 2007.Most such crimes happen on landmanaged for game shooting, but thepeople convicted are often employeesof the landowners rather than thelandowners themselves. The loss ofCAP payments was one way to putpressure on landowners to clean uptheir act. We will explore ways inwhich this linkage might be reinstatedsome time in the future.”

Despite the removal of the Article 8 link,other cross compliance links remain inplace, including Article 5 of the BirdsDirective, which prohibits the deliberatekilling or capture of wild birds by anymethod, including the use of poisons.

In addition, links also remain to the EU Directive that controls the use of

WCO PC Andy Swinburne of Northumbria Police reports:

In August 2007, during unrelated enquiries, Northumbriapolice seized the mobile phone of Christopher Lumsden (realname Davidson) of Salisbury Close, Ashington. The phonerevealed a sickening 15-second video clip showing Lumsdenbiting the head off a pigeon during a drunken night out inMorpeth, to the sound of laughter from his associates. Wheninterviewed at Bedlington Police Station, Lumsden admittedto the drunken deliberate act and stated he had beenphysically sick the next day when he viewed the clip.

In March 2008, Lumsden appeared before BedlingtonMagistrates, charged with killing a wild bird contrary to the Wildlife and Countryside Act 1981. He pleaded guiltyand received a 12-month Community Order involving 100 hours of unpaid work and £40 costs. His solicitor statedthat Lumsden was extremely remorseful and had sufferedabuse, hate mail and bullying following the incident.

Andy Swinburne said, “This was a repellent and shockingact. The publicity gained from this case can only act as a future deterrent to mindless acts against wildlife.”

the RSPB for examination and werefound to contain images of severalclutches of skylark eggs in nests. One of these, dated 12 June 2007,could be matched to the clutch seizedfrom Stokes.

The RSPB would like to thank WCO PC Stuart Powell and Mark Lunt of theCPS for their assistance with this case.

On 12 September 2008, egg collector

Jason Lee Stokes, formerly of

Trenance Road, Exhall, Bedworth, was

sentenced at Nuneaton Crown Court

for three offences under the Wildlife

and Countryside Act 1981. These

related to possession of four skylark

eggs and egg-collecting equipment.

Stokes had earlier been found guilty

at a trial in his absence. He received

a Community Order of 50 hours of

unpaid work concurrent on each

charge and £250 costs. The eggs, a

camera and other items were forfeited.

On 19 June 2007, followingintelligence gathered by the RSPB andWarwickshire Police, assisted by WestMidlands Police and the NWCU, anumber of search warrants wereexecuted as part of ‘Operation Carron’.This led to the conviction and jailing of prolific egg collector GregoryWheal, a man being cautioned forpossession of a wildcat skin and thedestruction of a number of birds’ eggsoriginally taken in Turkey and Iceland(see Legal Eagle 55).

When Stokes’ home was visited, four skylark eggs, and egg-collectingbooks and documentation were found

in the campervan outside his home.From his house, a digital camera wasseized. Stokes subsequently made two “no comment” interviews. Afingerprint taken from the containerholding the skylark eggs was found to be that of Stokes. Forensic analysisof the camera recovered a number ofpreviously deleted images of birds’eggs in nests. These were passed to

G S

ho

rrock (R

SP

B)

Alan

Stew

art/Tayside P

olice

War

wic

ksh

ire

Po

lice

A photograph of skylark

eggs from Stokes’ camera

was matched to eggs

seized from his vehicle

Lumsden bit

the head off a

feral pigeon

The young white-tailed

eagle – ‘White G’ – found

poisoned in Tayside

NEWS

8 9

Pigeon decapitated

Just for a lark One step forward,two steps back!

plant protection products on farms.Consequently, UK authorities will stillbe able to withhold farm subsidiesfrom landowners where improperstorage and use of certain pesticidesoccurs; this includes several productsregularly used to poison wildlife.

The subsidies to the Glenogil Estatewere withheld in October 2008 by theScottish Executive after the policediscovered poisoned baits and tracesof the same illegal and lethally toxicchemicals in estate vehicles, gamebags and knives on the estate in 2006.The owner, John Dodd, is appealingagainst the penalty. He has denied any wrongdoing and stated that hisstaff, who have not been convicted of any offences, are innocent of anyillegal activity.

In a separate incident, a white-tailedeagle was found dead in May 2008close to the Glenquiech and GlenogilEstates. In a subsequent search of theGlenogil Estate, Police and RSPBinvestigators found 32 cubes ofvenison laced with three differentpesticides (carbofuran, bendiocarb and isofenphos) placed on fence posts.The body of a butchered mountainhare, also laced with poison, wasfound nearby. This was the largestsingle seizure of poisoned baits inScotland for many years.

The eagle was identified by its wingtags as ‘White G’, a male hatched onMull in 2007. It had ingested a lethalmix of carbofuran and bendiocarb. A dead buzzard, found close by, hadalso been poisoned. Only a few weeks earlier, the young eagle hadbeen filmed trying to steal a fish from an otter in a loch on Mull (seewww.guardian.co.uk/environment/video/2008/nov/10/sea-eagle-mull).

Despite the extremely serious natureof these offences, the RSPB isconcerned that no proper policefollow-up has been carried out andhave written to the Tayside ChiefConstable in relation to this.

The Glenogil Estate in Tayside,

Scotland, owned by multimillionaire

investment banker John Dodd, has

had a record £107,650 in farm subsidy

payments withheld by the Scottish

Executive after police found poisoned

baits and illegal pesticides on the

estate in 2006.

However, in November 2008, in aneffort to streamline the CommonAgricultural Policy (CAP), the EUrestricted the UK authorities fromtaking similar actions in the future. The EU removed ‘cross compliance’ –the name given to the links betweenCAP payments and other laws – with Article 8 of the Birds Directive.Article 8 bans the use of non-selectivemethods of capture or killing of birds,including poisons and traps.

Duncan McNiven, Senior InvestigationsOfficer at the RSPB, said, “This is a

blow for wildlife protection in the UK.Deliberate poisoning is a major threatto birds of prey; we had 49 reports of raptors being poisoned in 2007.Most such crimes happen on landmanaged for game shooting, but thepeople convicted are often employeesof the landowners rather than thelandowners themselves. The loss ofCAP payments was one way to putpressure on landowners to clean uptheir act. We will explore ways inwhich this linkage might be reinstatedsome time in the future.”

Despite the removal of the Article 8 link,other cross compliance links remain inplace, including Article 5 of the BirdsDirective, which prohibits the deliberatekilling or capture of wild birds by anymethod, including the use of poisons.

In addition, links also remain to the EU Directive that controls the use of

WCO PC Andy Swinburne of Northumbria Police reports:

In August 2007, during unrelated enquiries, Northumbriapolice seized the mobile phone of Christopher Lumsden (realname Davidson) of Salisbury Close, Ashington. The phonerevealed a sickening 15-second video clip showing Lumsdenbiting the head off a pigeon during a drunken night out inMorpeth, to the sound of laughter from his associates. Wheninterviewed at Bedlington Police Station, Lumsden admittedto the drunken deliberate act and stated he had beenphysically sick the next day when he viewed the clip.

In March 2008, Lumsden appeared before BedlingtonMagistrates, charged with killing a wild bird contrary to the Wildlife and Countryside Act 1981. He pleaded guiltyand received a 12-month Community Order involving 100 hours of unpaid work and £40 costs. His solicitor statedthat Lumsden was extremely remorseful and had sufferedabuse, hate mail and bullying following the incident.

Andy Swinburne said, “This was a repellent and shockingact. The publicity gained from this case can only act as a future deterrent to mindless acts against wildlife.”

the RSPB for examination and werefound to contain images of severalclutches of skylark eggs in nests. One of these, dated 12 June 2007,could be matched to the clutch seizedfrom Stokes.

The RSPB would like to thank WCO PC Stuart Powell and Mark Lunt of theCPS for their assistance with this case.

On 12 September 2008, egg collector

Jason Lee Stokes, formerly of

Trenance Road, Exhall, Bedworth, was

sentenced at Nuneaton Crown Court

for three offences under the Wildlife

and Countryside Act 1981. These

related to possession of four skylark

eggs and egg-collecting equipment.

Stokes had earlier been found guilty

at a trial in his absence. He received

a Community Order of 50 hours of

unpaid work concurrent on each

charge and £250 costs. The eggs, a

camera and other items were forfeited.

On 19 June 2007, followingintelligence gathered by the RSPB andWarwickshire Police, assisted by WestMidlands Police and the NWCU, anumber of search warrants wereexecuted as part of ‘Operation Carron’.This led to the conviction and jailing of prolific egg collector GregoryWheal, a man being cautioned forpossession of a wildcat skin and thedestruction of a number of birds’ eggsoriginally taken in Turkey and Iceland(see Legal Eagle 55).

When Stokes’ home was visited, four skylark eggs, and egg-collectingbooks and documentation were found

in the campervan outside his home.From his house, a digital camera wasseized. Stokes subsequently made two “no comment” interviews. Afingerprint taken from the containerholding the skylark eggs was found to be that of Stokes. Forensic analysisof the camera recovered a number ofpreviously deleted images of birds’eggs in nests. These were passed to

G S

ho

rrock (R

SP

B)

Alan

Stew

art/Tayside P

olice

War

wic

ksh

ire

Po

lice

A photograph of skylark

eggs from Stokes’ camera

was matched to eggs

seized from his vehicle

Lumsden bit

the head off a

feral pigeon

The young white-tailed

eagle – ‘White G’ – found

poisoned in Tayside

NEWS

8 9

Operation Acoma:Northumbria Policesafeguard roseate terns

Third white-tailed eaglepoisoned in Co. Kerry

eagles, and just 12 months into theproject three have fallen victim toillegal poison baits.

On 27 May, the third eagle was founddead just 1 km from the location of thefirst two victims. Like the first two, theeagle had ingested a combination ofthe lethal poisons alphachloralose andTrodax (nitroxynil).

Whilst meat baits are illegal, otherforms of poison bait such as grain,eggs or bread and butter can still beused in the Republic of Ireland forcontrolling foxes, ravens or crows.

The Gardai are investigating the

poisoning of a white-tailed eagle

following the demise of two others

in the same location last year (see

Legal Eagle 55).

In the 20th century, white-tailed eagleswere persecuted to extinction inIreland. They were re-introduced to Ireland in August 2007, with 15 young birds imported from Norwayand released in Killarney NationalPark. Locals have been fully supportiveof the project, but it seems an isolatedminority still harbour an ancient,misguided prejudice against the

Thieves steal rare orchidsfrom Peak District

Working together for birds of prey in England much remains to be done, Dr MarkAvery, RSPB Director of Conservation,described the event as “a massive stepin the right direction for theconservation of England’s birds of prey.”

Please add your voice to these calls tostop the killing of birds of prey online at www.rspb.org.uk/birdsofprey If youhave already signed the pledge, pleaseencourage, friends, family and colleaguesto do the same. Every voice counts!

On 23 October, representatives

from over 25 organisations joined

Parliamentary Under Secretary

of State Huw Irranca-Davies MP

in the northeast of England to pledge

to protect England’s birds of prey.

The organisations included the RSPB,

the British Association for Shooting

and Conservation (BASC), Natural

England, the National Gamekeepers’

Organisation (NGO) and RSPCA.

The Minister first visited Rowlands GillPrimary School, near Gateshead, tohear from pupils about the importanceof red kites to their studies, and seethe birds themselves. He then travelledto the National Trust’s Gibside Estateon Go North East’s red kite bus.

The success of Northern Kites inestablishing a breeding population ofthese fantastic birds in Gateshead’sDerwent Valley for the first time in 150 years contrasts with the fortunes of other birds of prey. Hen harrierscontinue to suffer the effects of illegalkilling, with only 10 pairs nestingsuccessfully in England in 2008. Thosepresent at the event recognised thatmore needed to be done to secure thefuture of all birds of prey.

The Minister welcomed the diverserange of organisations prepared tocommit to ending illegal killing,commenting, “We must continue

to work together to ensure that the persecution of birds of prey isconsigned to history.” He emphasisedthe important role the National WildlifeCrime Unit plays in achieving this goal.

The significance of shooting andconservation organisations signing a pledge that concludes that “thereshould be no place in England’s futurefor the illegal killing of birds of prey”was not lost on those present. While

Following the raid by egg thieves on the nest of a pair of

roseate terns (the UK’s rarest breeding seabird) on Coquet

Island RSPB reserve in 2006, Northumbria Police have

worked alongside RSPB Investigations, Warden Paul

Morrison and the resident island wardens for the third

year running to successfully deter any further threats

to this Schedule 1 species. The island is designated an

SSSI for its assemblage of breeding seabirds, and aside

from egg collectors, the roseate terns are susceptible

to disturbance by cavalier day trippers trying to land

on the island without authorisation.

WCO PC Andy Swinburne of Northumbria Police reportsthat the annual Operation Acoma includes a 24/7 wardenwatch on the island, backed up by CCTV monitoring and a joint press release by both partner agencies to assist indeterring any wildlife crime.

Northumbria Police Marine Unit and the North East AirSupport Unit were tasked to respond as necessary. As partof the intelligence package, local Area Command policeofficers were also tasked to remain vigilant and to targetknown and suspected egg thieves. Andy Swinburne visitedthe island wardens and provided practical advice andreassurance on dealing with potential incidents and policeresponse methods.

Andy Swinburne said, “It is only right that the level ofprotection afforded to the roseate tern colony is matched by this annual joint agency operation to safeguard thecolony, but also to provide protection and reassurance to the wardens on this isolated island with a manageableand recognised Operation. Despite the poor weather,

2008 was a successful breeding season and no untowardincidents were reported.”

The RSPB would like to thank Andy for his support in thisongoing operation. This is an excellent example of soundcommitment by police in combating a serious threat againstthe UK’s rarest breeding seabird.

Ro

y Man

gersn

es ww

w.w

ildp

ho

to.n

o

B G

ibb

on

s (Natu

ral Imag

e)

Pau

l Mo

rris

on

Nei

l Was

p (

i 2 i

ph

oto

gra

ph

y)

Roseate terns guard

their nest boxes on

Coquet Island

Roseate terns guard

their nest boxes on

Coquet Island

White-tailed eagle

Huw Irranca-Davies MP with

children from the Rowlands

Gill primary school

Thieves have stolen rare orchids in a

raid on one of the few sites where the

plants grow in the UK. The dark-red

helleborines were dug up and taken

from the Peak District National Park

in Derbyshire.

Rhodri Thomas, the park’s NaturalEnvironment Team Manager, said, “Theactions of the thieves have damaged anationally important wildlife site and puta rare plant under further threat.”

The theft of the orchids was discoveredin the Stoney Middleton area, nearBakewell. Experts say that unless the

removal had been carried out bysomeone with specialist knowledge,the orchids were likely to die.

Dark-red helleborines are found in onlyfive areas of the UK, and their numbersin the Peak District fell sharply in the1960s due to mineral extraction.

Under the Wildlife and Countryside Act 1981, it is an offence to uprootplants from land without the owner’spermission. Pete Charleston, WildlifeCrime Co-ordinator for DerbyshirePolice, appealed for information aboutthe thefts or any similar incidents.

Dark red

helleborines were

stolen from the

Peak District

National Park

10 11

Operation Acoma:Northumbria Policesafeguard roseate terns

Third white-tailed eaglepoisoned in Co. Kerry

eagles, and just 12 months into theproject three have fallen victim toillegal poison baits.

On 27 May, the third eagle was founddead just 1 km from the location of thefirst two victims. Like the first two, theeagle had ingested a combination ofthe lethal poisons alphachloralose andTrodax (nitroxynil).

Whilst meat baits are illegal, otherforms of poison bait such as grain,eggs or bread and butter can still beused in the Republic of Ireland forcontrolling foxes, ravens or crows.

The Gardai are investigating the

poisoning of a white-tailed eagle

following the demise of two others

in the same location last year (see

Legal Eagle 55).

In the 20th century, white-tailed eagleswere persecuted to extinction inIreland. They were re-introduced to Ireland in August 2007, with 15 young birds imported from Norwayand released in Killarney NationalPark. Locals have been fully supportiveof the project, but it seems an isolatedminority still harbour an ancient,misguided prejudice against the

Thieves steal rare orchidsfrom Peak District

Working together for birds of prey in England much remains to be done, Dr MarkAvery, RSPB Director of Conservation,described the event as “a massive stepin the right direction for theconservation of England’s birds of prey.”

Please add your voice to these calls tostop the killing of birds of prey online at www.rspb.org.uk/birdsofprey If youhave already signed the pledge, pleaseencourage, friends, family and colleaguesto do the same. Every voice counts!

On 23 October, representatives

from over 25 organisations joined

Parliamentary Under Secretary

of State Huw Irranca-Davies MP

in the northeast of England to pledge

to protect England’s birds of prey.

The organisations included the RSPB,

the British Association for Shooting

and Conservation (BASC), Natural

England, the National Gamekeepers’

Organisation (NGO) and RSPCA.

The Minister first visited Rowlands GillPrimary School, near Gateshead, tohear from pupils about the importanceof red kites to their studies, and seethe birds themselves. He then travelledto the National Trust’s Gibside Estateon Go North East’s red kite bus.

The success of Northern Kites inestablishing a breeding population ofthese fantastic birds in Gateshead’sDerwent Valley for the first time in 150 years contrasts with the fortunes of other birds of prey. Hen harrierscontinue to suffer the effects of illegalkilling, with only 10 pairs nestingsuccessfully in England in 2008. Thosepresent at the event recognised thatmore needed to be done to secure thefuture of all birds of prey.

The Minister welcomed the diverserange of organisations prepared tocommit to ending illegal killing,commenting, “We must continue

to work together to ensure that the persecution of birds of prey isconsigned to history.” He emphasisedthe important role the National WildlifeCrime Unit plays in achieving this goal.

The significance of shooting andconservation organisations signing a pledge that concludes that “thereshould be no place in England’s futurefor the illegal killing of birds of prey”was not lost on those present. While

Following the raid by egg thieves on the nest of a pair of

roseate terns (the UK’s rarest breeding seabird) on Coquet

Island RSPB reserve in 2006, Northumbria Police have

worked alongside RSPB Investigations, Warden Paul

Morrison and the resident island wardens for the third

year running to successfully deter any further threats

to this Schedule 1 species. The island is designated an

SSSI for its assemblage of breeding seabirds, and aside

from egg collectors, the roseate terns are susceptible

to disturbance by cavalier day trippers trying to land

on the island without authorisation.

WCO PC Andy Swinburne of Northumbria Police reportsthat the annual Operation Acoma includes a 24/7 wardenwatch on the island, backed up by CCTV monitoring and a joint press release by both partner agencies to assist indeterring any wildlife crime.

Northumbria Police Marine Unit and the North East AirSupport Unit were tasked to respond as necessary. As partof the intelligence package, local Area Command policeofficers were also tasked to remain vigilant and to targetknown and suspected egg thieves. Andy Swinburne visitedthe island wardens and provided practical advice andreassurance on dealing with potential incidents and policeresponse methods.

Andy Swinburne said, “It is only right that the level ofprotection afforded to the roseate tern colony is matched by this annual joint agency operation to safeguard thecolony, but also to provide protection and reassurance to the wardens on this isolated island with a manageableand recognised Operation. Despite the poor weather,

2008 was a successful breeding season and no untowardincidents were reported.”

The RSPB would like to thank Andy for his support in thisongoing operation. This is an excellent example of soundcommitment by police in combating a serious threat againstthe UK’s rarest breeding seabird.

Ro

y Man

gersn

es ww

w.w

ildp

ho

to.n

o

B G

ibb

on

s (Natu

ral Imag

e)

Pau

l Mo

rris

on

Nei

l Was

p (

i 2 i

ph

oto

gra

ph

y)

Roseate terns guard

their nest boxes on

Coquet Island

Roseate terns guard

their nest boxes on

Coquet Island

White-tailed eagle

Huw Irranca-Davies MP with

children from the Rowlands

Gill primary school

Thieves have stolen rare orchids in a

raid on one of the few sites where the

plants grow in the UK. The dark-red

helleborines were dug up and taken

from the Peak District National Park

in Derbyshire.

Rhodri Thomas, the park’s NaturalEnvironment Team Manager, said, “Theactions of the thieves have damaged anationally important wildlife site and puta rare plant under further threat.”

The theft of the orchids was discoveredin the Stoney Middleton area, nearBakewell. Experts say that unless the

removal had been carried out bysomeone with specialist knowledge,the orchids were likely to die.

Dark-red helleborines are found in onlyfive areas of the UK, and their numbersin the Peak District fell sharply in the1960s due to mineral extraction.

Under the Wildlife and Countryside Act 1981, it is an offence to uprootplants from land without the owner’spermission. Pete Charleston, WildlifeCrime Co-ordinator for DerbyshirePolice, appealed for information aboutthe thefts or any similar incidents.

Dark red

helleborines were

stolen from the

Peak District

National Park

10 11

Wildlife crime conferencecelebrates 20th birthday

Ian Knox (Met Police), Guy Clarke andCharles Mackay (UKBA), Peter MacNab(HMRC), Alan Roberts (NWCU) and Dr Ross McEwing – congratulations to them.

After an interesting Sunday morningprogramme in which speakers from a variety of organisations outlinedrecent cases, Guy Shorrock of the RSPB wrapped things up with ahilarious illustrated presentation of the ‘highlights’ from the last 20 years of the conference. This featured somerarely seen and highly embarrassingslides of many of the conferenceluminaries down the years.

Presentations were made to bothRichard Brunstrom and Chris Kerr by the RSPB to thank them for theirsterling achievements in the field ofwildlife law enforcement over the years.

Whether you were a conference virgin or a veteran, this was a valuable opportunity for all agenciesinvolved in tackling wildlife crime tocome together to share experiences.We all look forward to meeting againin 2009.

The UK Police and Customs Wildlife

Enforcement Conference reached a

significant milestone when the 20th

annual event was held in 2008. Over

170 delegates converged on the

Scottish Police College at Tullialan

on 28 November to hear a rich

diversity of presentations covering

all aspects of wildlife crime, from

fly tipping to tortoise trafficking and

the prosecution of gang masters in

international ivory trade.

Proceedings opened in style, withenthusiastic addresses from ChiefConstable Richard Brunstrom and Mike Russell MSP, Scottish Minister for the Environment, endorsing theimportance of overt political leadershipon tackling wildlife crime and openlytaking questions from the floor.

The Scottish Thematic Review was apopular topic, and an update from HerMajesty’s Inspectorate of ConstabularyScotland (HMICS) sparked discussionover the call for a similar review southof the border.

Brian Stuart, Head of National WildlifeCrime Unit (NWCU), gave an overview

of the unit’s work, and we eagerlyanticipate the release of the UKstrategic objectives in January 2009.Intelligence-led policing is the wayforward in enforcing wildlifelegislation, and this is reflected in the recent signing of a Memorandumof Understanding between NaturalEngland, Countryside Council forWales, Crown Prosecution Service andAssociation of the Chief Police Officers.

The prestigious Wildlife Enforcer of the Year Award 2008 was awarded to PC Andrew Small, who has been in post since 2005, and was KentConstabulary’s first full-time WCO. He played the lead role in the firstsuccessful prosecution for cetaceandisturbance in England and Wales.Sergeant Rob Taylor of North WalesPolice received the runner-up prize for Enforcer of the Year 2008, despiteonly being in his first year of the postafter taking over from Pete Charlestonin early 2008. A Police LifetimeAchievement Award was presented toDC Jerry Simpson of the Norfolk Police.

The traditional Friday night RSPB quiz was won by a team comprising

Irish kite falls victim to senseless killingIn 2008, Northern Ireland embarked

on its first ever species re-introduction

project, as Welsh red kites were

released from a secret location. The

project follows their re-introduction

to the Republic of Ireland by the

Golden Eagle Trust in 2007.

However, on 31 August 2008, a red kitewas found dead near Leitrim, Co. Down,and a post-mortem confirmed that thecause of death was shotgun wounds.Both the wing tags and the leg ring hadbeen removed from the four-month-oldbird prior to its discovery.

Red Kites Project Officer for NorthernIreland, Robert Straughan, said, “I was

saddened and disgusted by thisignorant act. The people of SouthCounty Down have really warmed tothis project and have embraced the red kites as part of their countryside.”

Irish kites are protected under theWildlife (Northern Ireland) Order 1985. Being scavengers, they are no threat to pets, livestock or people, and there is no excuse for such acallous and illegal act. RSPBInvestigations works closely withpolice forces across the UK, and fully support Police Service ofNorthern Ireland in cracking down on anyone engaging in the illegal killing of birds of prey.

Su

e Tr

ante

r (r

spb

-im

ages

.co

m)J Leo

nard

(RS

PB

)

Deputy Chief Constable Ian McLeod,

Environment Minister Michael Russell MSP

and Chief Constable Richard Brunstrom

(from left to right) Red kite

Stewart Scull leaves BASCStewart Scull was a professional gamekeeper for over

20 years before joining the British Association for Shooting

and Conservation (BASC) in 1993 as the organisation’s

first dedicated Gamekeeping Officer.

Stewart worked with key personnel in Governmentdepartments, statutory agencies and NGOs in theconservation sector, and contributed to Defra stakeholdercommittees, conferences organised under Partnership forAction Against Wildlife Crime (PAW) and was an activemember of the PAW Publicity Group. In 1994, he organisedthe first of BASC’s annual multi-agency wildlife lawenforcement seminars with Derbyshire Constabulary, whichnow has a regular annual attendance of over 100 delegates.

Stewart conferred with MPs and contributed to specialistparliamentary committees. He also raised awareness amongstpolice officers of the role that sporting shooting plays in thecountryside and promoted understanding of the game lawsand legislation relating to traps and trapping.

A major achievement was securing the “gamekeepersexemption” in the Hunting Act, and writing the accompanyingcode of practice for using terriers and the abolition of thegame licence in England and Wales. He initiated specialistcodes of practice for stakeholders, wrote a booklet on trapidentification for use by the police as a field ‘aide memoir’and co-authored a game law pocket book.

Though no longer working for BASC, Stewart can beconsulted on gamekeeping or wildlife management atscullbagley@talk21.com or on 07528 808371.

Stewart received the PAW certificate of merit at the 2008Wildlife Enforcer’s Conference at Tulliallan in November.The RSPB would like to thank Stewart for his valuablecontribution to PAW and the promotion of good practicewithin sporting shooting. We wish him well for the future.

Stew

art Scu

ll

Jim Knight MP being

shown snares by

Stewart Scull (left)

12 13

Wildlife crime conferencecelebrates 20th birthday

Ian Knox (Met Police), Guy Clarke andCharles Mackay (UKBA), Peter MacNab(HMRC), Alan Roberts (NWCU) and Dr Ross McEwing – congratulations to them.

After an interesting Sunday morningprogramme in which speakers from a variety of organisations outlinedrecent cases, Guy Shorrock of the RSPB wrapped things up with ahilarious illustrated presentation of the ‘highlights’ from the last 20 years of the conference. This featured somerarely seen and highly embarrassingslides of many of the conferenceluminaries down the years.

Presentations were made to bothRichard Brunstrom and Chris Kerr by the RSPB to thank them for theirsterling achievements in the field ofwildlife law enforcement over the years.

Whether you were a conference virgin or a veteran, this was a valuable opportunity for all agenciesinvolved in tackling wildlife crime tocome together to share experiences.We all look forward to meeting againin 2009.

The UK Police and Customs Wildlife

Enforcement Conference reached a

significant milestone when the 20th

annual event was held in 2008. Over

170 delegates converged on the

Scottish Police College at Tullialan

on 28 November to hear a rich

diversity of presentations covering

all aspects of wildlife crime, from

fly tipping to tortoise trafficking and

the prosecution of gang masters in

international ivory trade.

Proceedings opened in style, withenthusiastic addresses from ChiefConstable Richard Brunstrom and Mike Russell MSP, Scottish Minister for the Environment, endorsing theimportance of overt political leadershipon tackling wildlife crime and openlytaking questions from the floor.

The Scottish Thematic Review was apopular topic, and an update from HerMajesty’s Inspectorate of ConstabularyScotland (HMICS) sparked discussionover the call for a similar review southof the border.

Brian Stuart, Head of National WildlifeCrime Unit (NWCU), gave an overview

of the unit’s work, and we eagerlyanticipate the release of the UKstrategic objectives in January 2009.Intelligence-led policing is the wayforward in enforcing wildlifelegislation, and this is reflected in the recent signing of a Memorandumof Understanding between NaturalEngland, Countryside Council forWales, Crown Prosecution Service andAssociation of the Chief Police Officers.

The prestigious Wildlife Enforcer of the Year Award 2008 was awarded to PC Andrew Small, who has been in post since 2005, and was KentConstabulary’s first full-time WCO. He played the lead role in the firstsuccessful prosecution for cetaceandisturbance in England and Wales.Sergeant Rob Taylor of North WalesPolice received the runner-up prize for Enforcer of the Year 2008, despiteonly being in his first year of the postafter taking over from Pete Charlestonin early 2008. A Police LifetimeAchievement Award was presented toDC Jerry Simpson of the Norfolk Police.

The traditional Friday night RSPB quiz was won by a team comprising

Irish kite falls victim to senseless killingIn 2008, Northern Ireland embarked

on its first ever species re-introduction

project, as Welsh red kites were

released from a secret location. The

project follows their re-introduction

to the Republic of Ireland by the

Golden Eagle Trust in 2007.

However, on 31 August 2008, a red kitewas found dead near Leitrim, Co. Down,and a post-mortem confirmed that thecause of death was shotgun wounds.Both the wing tags and the leg ring hadbeen removed from the four-month-oldbird prior to its discovery.

Red Kites Project Officer for NorthernIreland, Robert Straughan, said, “I was

saddened and disgusted by thisignorant act. The people of SouthCounty Down have really warmed tothis project and have embraced the red kites as part of their countryside.”

Irish kites are protected under theWildlife (Northern Ireland) Order 1985. Being scavengers, they are no threat to pets, livestock or people, and there is no excuse for such acallous and illegal act. RSPBInvestigations works closely withpolice forces across the UK, and fully support Police Service ofNorthern Ireland in cracking down on anyone engaging in the illegal killing of birds of prey.

Su

e Tr

ante

r (r

spb

-im

ages

.co

m)J Leo

nard

(RS

PB

)

Deputy Chief Constable Ian McLeod,

Environment Minister Michael Russell MSP

and Chief Constable Richard Brunstrom

(from left to right) Red kite

Stewart Scull leaves BASCStewart Scull was a professional gamekeeper for over

20 years before joining the British Association for Shooting

and Conservation (BASC) in 1993 as the organisation’s

first dedicated Gamekeeping Officer.

Stewart worked with key personnel in Governmentdepartments, statutory agencies and NGOs in theconservation sector, and contributed to Defra stakeholdercommittees, conferences organised under Partnership forAction Against Wildlife Crime (PAW) and was an activemember of the PAW Publicity Group. In 1994, he organisedthe first of BASC’s annual multi-agency wildlife lawenforcement seminars with Derbyshire Constabulary, whichnow has a regular annual attendance of over 100 delegates.

Stewart conferred with MPs and contributed to specialistparliamentary committees. He also raised awareness amongstpolice officers of the role that sporting shooting plays in thecountryside and promoted understanding of the game lawsand legislation relating to traps and trapping.

A major achievement was securing the “gamekeepersexemption” in the Hunting Act, and writing the accompanyingcode of practice for using terriers and the abolition of thegame licence in England and Wales. He initiated specialistcodes of practice for stakeholders, wrote a booklet on trapidentification for use by the police as a field ‘aide memoir’and co-authored a game law pocket book.

Though no longer working for BASC, Stewart can beconsulted on gamekeeping or wildlife management atscullbagley@talk21.com or on 07528 808371.

Stewart received the PAW certificate of merit at the 2008Wildlife Enforcer’s Conference at Tulliallan in November.The RSPB would like to thank Stewart for his valuablecontribution to PAW and the promotion of good practicewithin sporting shooting. We wish him well for the future.

Stew

art Scu

ll

Jim Knight MP being

shown snares by

Stewart Scull (left)

12 13

Bald ibises poisoned in Jordan

Bird smugglingrife in Slovenia

Mexico bans parrot trade

Safer passage for migratory birds of prey

Smuggling of dead wild birds from Croatia into Slovenia is

prolific according to a report by the Slovenian Environment

Agency. The report, which covers the period 2002–2006,

documents over 13,000 dead birds seized by border

authorities, with countless others remaining undetected.

The birds had been shot in southeast European countries

and smuggled into the EU for human consumption. In

almost all cases, the offenders were Italian citizens.

The most frequently smuggled species were tree pipits, grey partridges, woodcocks and quails. However, a widevariety of other species were smuggled including corncrakes,waxwings, red-backed shrikes, bee-eaters and grey-headedwoodpeckers. The report also includes some revealingphotographs that illustrate the methods used to smuggle the birds past the border authorities, including modifiedbumpers, mudguards, spare wheels and under-seatupholstery. A number of actions are proposed for improvingthe situation by the Slovenian authorities.

You can get an English language copy of the report bycontacting duncan.mcniven@rspb.org.uk or cites.arso@gov.si

Three critically endangered Northern bald ibises have

been found poisoned in a remote Jordanian desert,

hundreds of kilometres from their breeding grounds in

Turkey. The three birds were being tracked by satellite

after leaving Birecik, south-eastern Turkey, where one

of only four colonies of bald ibises remains.

The birds were found 32 km from the Jordanian capital,Amman. Scientists are investigating the source of thepoison, and believe chicken farmers may have laid it inorder to kill rodents. RSCN (BirdLife in Jordan) is workingwith the Jordanian authorities to identify the source of the poison so that its use can be controlled.

More Turkish birds will be satellite tagged next year. Thetracking project has boosted hopes for their conservationin the Middle East, with conservationists now moreoptimistic that they can re-establish a completely wildpopulation in Turkey.

A Memorandum of Understanding (MoU) to protect over

70 species of migratory birds of prey and owls has been

agreed following a joint initiative by the governments of

the United Kingdom and United Arab Emirates.

Ibrahim Al-Khader, Head of BirdLife Middle East, said,“This important agreement will help ensure that migratorybirds of prey and owls, including some of the world’s mostcharismatic and threatened species, have a safer passageduring their epic annual journeys.”

The MoU was signed in Abu Dhabi under the UnitedNations Convention on Migratory Species. Human activityhas led to the decline in migratory birds of prey and owls, with 50% of the world’s species under threat fromhabitat loss and degradation, persecution, accidentalkilling and climate change.

The new measures will ensure that signatories focusparticular conservation efforts on critical ‘bottlenecks’,where large numbers of raptors concentrate whilemigrating from breeding grounds in the north to winteringones in the south.

Huw Irranca-Davies, the UK Government’s Minister forWildlife, announced, “I am delighted that we have beenable to reach an international agreement to protect someof the world’s most important birds of prey, such asospreys, golden eagles and snowy owls.”

President Felipe Calderón Hinojosa has signed into law

a bill to ban the capture and export of Mexican wild

parrots. The move comes after US-based Defenders of

Wildlife released a report that revealed the volume of the

illegal trade of parrots within Mexico. The report claimed

that an estimated 65,000–78,500 wild parrots and macaws

were captured illegally each year, with more than 75% of

the birds dying before ever reaching a purchaser.

Roger Schlickeisen, president of Defenders of Wildlife,said, “Current levels of trade in parrots are entirelyunsustainable. This bill is a vital step to prevent the loss of parrot species. The bill will also help to safeguard thefuture of ecotourism in Mexico. The United States alonehas 85 million birdwatchers, many of whom are willing to travel to see unique birds like these native parrots.”

David

Osb

orn

(rspb

-imag

es.com

)

(RS

PB

)

An

dy H

ay (rspb

-imag

es.com

)

Corncrakes were among the

birds smuggled into Slovenia

Military macaw

Bald ibis

INTERNATIONAL

Shooting carnage in MaltaMalta has a long history of illegal hunting. Especially

worrying is the targeting of birds of European

Conservation Concern, including two species on the

Global IUCN Red List – lesser kestrel and pallid harrier.

In 2008, 362 illegal incidents were reported. The number

of shot protected birds received by BirdLife Malta during

the migration was 55, an almost three-fold increase on

the number received during the same period in 2007.

Raptor Camp is run by BirdLife Malta for a two-week periodduring September, with over 50 volunteers attending fromaround the world, including Finland and the UK. The aim of the camp is to provide a deterrent on the ground forpotential offenders, to monitor illegal hunting and todocument any criminal events that take place.

Raptor Camp liaises closely with the local police. PeteCharleston, ex-WCO, who attended the camp, said, “The continued illegal hunting on Malta was truly shocking, but the presence of so many committedvolunteers was encouraging. Things need to change, and they are. I would strongly urge anyone to take part in this vital conservation campaign.”

Following work carried out by the RSPB and volunteers at Raptor Camp in September 2008, an investigation isunderway into the shooting of a lesser spotted eagle – a very rare species in Malta, probably originating from

Germany where huge conservation efforts have restoredthe population to around 100 pairs.

The RSPB supports Raptor Camp, and would like to thankthe staff of BirdLife Malta, in particular Dr Andre Raine whoorganised the camp, and Inspector Miruzzi, Head of the ALE(Police), and his staff for their co-operation throughout thecamp. If you are interested in joining Raptor Camp 2009,you can find more information at www.birdlifemalta.org

J Leon

ard (R

SP

B)

14 15

Birdlife Malta Raptor

Camp with three shot

marsh harriers

J Leon

ard (R

SP

B)

Bald ibises poisoned in Jordan

Bird smugglingrife in Slovenia

Mexico bans parrot trade

Safer passage for migratory birds of prey

Smuggling of dead wild birds from Croatia into Slovenia is

prolific according to a report by the Slovenian Environment

Agency. The report, which covers the period 2002–2006,

documents over 13,000 dead birds seized by border

authorities, with countless others remaining undetected.

The birds had been shot in southeast European countries

and smuggled into the EU for human consumption. In

almost all cases, the offenders were Italian citizens.

The most frequently smuggled species were tree pipits, grey partridges, woodcocks and quails. However, a widevariety of other species were smuggled including corncrakes,waxwings, red-backed shrikes, bee-eaters and grey-headedwoodpeckers. The report also includes some revealingphotographs that illustrate the methods used to smuggle the birds past the border authorities, including modifiedbumpers, mudguards, spare wheels and under-seatupholstery. A number of actions are proposed for improvingthe situation by the Slovenian authorities.

You can get an English language copy of the report bycontacting duncan.mcniven@rspb.org.uk or cites.arso@gov.si

Three critically endangered Northern bald ibises have

been found poisoned in a remote Jordanian desert,

hundreds of kilometres from their breeding grounds in

Turkey. The three birds were being tracked by satellite

after leaving Birecik, south-eastern Turkey, where one

of only four colonies of bald ibises remains.

The birds were found 32 km from the Jordanian capital,Amman. Scientists are investigating the source of thepoison, and believe chicken farmers may have laid it inorder to kill rodents. RSCN (BirdLife in Jordan) is workingwith the Jordanian authorities to identify the source of the poison so that its use can be controlled.

More Turkish birds will be satellite tagged next year. Thetracking project has boosted hopes for their conservationin the Middle East, with conservationists now moreoptimistic that they can re-establish a completely wildpopulation in Turkey.

A Memorandum of Understanding (MoU) to protect over

70 species of migratory birds of prey and owls has been

agreed following a joint initiative by the governments of

the United Kingdom and United Arab Emirates.

Ibrahim Al-Khader, Head of BirdLife Middle East, said,“This important agreement will help ensure that migratorybirds of prey and owls, including some of the world’s mostcharismatic and threatened species, have a safer passageduring their epic annual journeys.”

The MoU was signed in Abu Dhabi under the UnitedNations Convention on Migratory Species. Human activityhas led to the decline in migratory birds of prey and owls, with 50% of the world’s species under threat fromhabitat loss and degradation, persecution, accidentalkilling and climate change.

The new measures will ensure that signatories focusparticular conservation efforts on critical ‘bottlenecks’,where large numbers of raptors concentrate whilemigrating from breeding grounds in the north to winteringones in the south.

Huw Irranca-Davies, the UK Government’s Minister forWildlife, announced, “I am delighted that we have beenable to reach an international agreement to protect someof the world’s most important birds of prey, such asospreys, golden eagles and snowy owls.”

President Felipe Calderón Hinojosa has signed into law

a bill to ban the capture and export of Mexican wild

parrots. The move comes after US-based Defenders of

Wildlife released a report that revealed the volume of the

illegal trade of parrots within Mexico. The report claimed

that an estimated 65,000–78,500 wild parrots and macaws

were captured illegally each year, with more than 75% of

the birds dying before ever reaching a purchaser.

Roger Schlickeisen, president of Defenders of Wildlife,said, “Current levels of trade in parrots are entirelyunsustainable. This bill is a vital step to prevent the loss of parrot species. The bill will also help to safeguard thefuture of ecotourism in Mexico. The United States alonehas 85 million birdwatchers, many of whom are willing to travel to see unique birds like these native parrots.”

David

Osb

orn

(rspb

-imag

es.com

) (R

SP

B)

An

dy H

ay (rspb

-imag

es.com

)

Corncrakes were among the

birds smuggled into Slovenia

Military macaw

Bald ibis

INTERNATIONAL

Shooting carnage in MaltaMalta has a long history of illegal hunting. Especially

worrying is the targeting of birds of European

Conservation Concern, including two species on the

Global IUCN Red List – lesser kestrel and pallid harrier.

In 2008, 362 illegal incidents were reported. The number

of shot protected birds received by BirdLife Malta during

the migration was 55, an almost three-fold increase on

the number received during the same period in 2007.

Raptor Camp is run by BirdLife Malta for a two-week periodduring September, with over 50 volunteers attending fromaround the world, including Finland and the UK. The aim of the camp is to provide a deterrent on the ground forpotential offenders, to monitor illegal hunting and todocument any criminal events that take place.

Raptor Camp liaises closely with the local police. PeteCharleston, ex-WCO, who attended the camp, said, “The continued illegal hunting on Malta was truly shocking, but the presence of so many committedvolunteers was encouraging. Things need to change, and they are. I would strongly urge anyone to take part in this vital conservation campaign.”

Following work carried out by the RSPB and volunteers at Raptor Camp in September 2008, an investigation isunderway into the shooting of a lesser spotted eagle – a very rare species in Malta, probably originating from

Germany where huge conservation efforts have restoredthe population to around 100 pairs.

The RSPB supports Raptor Camp, and would like to thankthe staff of BirdLife Malta, in particular Dr Andre Raine whoorganised the camp, and Inspector Miruzzi, Head of the ALE(Police), and his staff for their co-operation throughout thecamp. If you are interested in joining Raptor Camp 2009,you can find more information at www.birdlifemalta.org

J Leon

ard (R

SP

B)

14 15

Birdlife Malta Raptor

Camp with three shot

marsh harriers

J Leon

ard (R

SP

B)

UK Headquarters

The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters

25 Ravelston Terrace, Dunedin House, Edinburgh EH4 3TP Tel: 0131 311 6500

The RSPB speaks out for birds and wildlife, tacklingthe problems that threaten our environment. Natureis amazing – help us keep it that way.

We belong to BirdLife International, the globalpartnership of bird conservation organisations.

The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Walesno. 207076, Scotland no. SC037654. 232-0119-08-09

Northern Ireland Headquarters

Belvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales Headquarters

Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

The RSPB

a millionvoices fornature FEBRUARY 2009 No 57

Following a complex investigation by West Mercia Police

and the RSPB, Roger Venton, Head Gamekeeper of the

Kempton Estate near Aston-on-Clun in Shropshire, and

Underkeeper Kyle Burden have pleaded guilty to a number

of wildlife offences. What makes this case particularly

remarkable is that two gamekeepers previously employed

on the estate came forward independently in 2007 to report

extensive levels of persecution of birds of prey and badgers.

On 21 August 2008 at Telford Magistrates Court, Burdenpleaded guilty to nine offences under the Wildlife andCountryside Act 1981 and Protection of Badgers Act 1992.The offences included the intentional killing of two commonbuzzards and attempts to kill two more, clubbing twobadgers to death, illegally setting eight spring traps to take

birds of prey and possession of a shotgun to commitoffences. He was sentenced on 19 September, and despitehis young age and previous good character, Burden receiveda suspended 26-week jail sentence, 150 hours of communityservice and was ordered to pay £200 costs. He also asked forsix further wildlife offences to be taken into consideration.

On 3 December 2008, Venton pleaded guilty at the same court to two charges: of using a pole-trap and permitting Kyle Burden to illegally use a cage trap. The case wasadjourned for pre-sentence reports to 2 January 2009. Thecourt stated that Venton had been in a position of authority,had knowledge of what was happening and had failed tointervene. The matter was so serious that only a custodialsentence was appropriate. They imposed 3 months custody, 3

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

IN THIS ISSUE: Confidential hotline launched • First freshwater pearlmussel conviction • Hen harrier caution in Wales • Pigeon decapitated •Thieves steal rare orchids from Peak District • Mexico bans parrot trade

For more information on wild birds and the law, visit www.rspb.org.uk/birdlawTo sign the Bird of prey pledge, visit www.rspb.org.uk/birdsofprey

www.rspb.org.uk Cover: G Shorrock (RSPB)

AND FINALLY

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions

in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,

by e-mail to ian.west@rspb.org.uk or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those

of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to elizabeth.gilder@rspb.org.uk.

Write to be readGood men stand up

Final episodeof the JerrySimpson show

New WCO for MerseysideThe wildlife criminals of Merseysidewon’t be resting easy – there’s a newWCO in town. DC Kenny Dummigan has a life-long passion for birds andother wildlife and has served withMerseyside Police for 28 years, with

J Leon

ard (R

SP

B)

The gamekeepers who reported the illegal

killing of wildlife on the Kempton Estate

with Mark Thomas of the RSPB (centre)

WCO DC Jerry Simpson (right) receiving

a RSPB Certificate of Appreciation

24 years’ experience on CID that hastaken him all over the world.

Merseyside is a busy area for wildlifecrime and the experience Kenny hasalready gained in assisting former

Merseyside WCO Steve Harris will no doubt stand him in good stead.

The RSPB would like to extend a warmwelcome to Kenny, who started hisnew role on 8 December 2008.

In February 2009, WCO DC Jerry Simpson retired from

active service with Norfolk Constabulary. Jerry has been

involved in a number of high profile wildlife cases, including

the conviction of Barclay and Metcalf (see Legal Eagle 51),

and was one of the main driving forces behind Operation

Compass (the Norfolk Police initiative against egg collecting).

At the 20th UK Police and Customs Wildlife EnforcementConference in November 2007, Jerry received the PoliceLifetime Achievement Award after being nominated by his Assistant Chief Constable. The RSPB also presentedJerry with a certificate of appreciation for all his efforts inwildlife crime enforcement. Jerry will be greatly missed bythe force, although we are told not for his football skills!