Legal Eagle 57 - RSPB

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LEGAL EAGLE
THE RSPB’S INVESTIGATIONS NEWSLETTER
nature FEBRUARY 2009 No 57
The gamekeepers who reported the illegal
killing of wildlife on the Kempton Estate
with Mark Thomas of the RSPB (centre)
Good men stand up
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, Burden
pleaded guilty to nine offences under the Wildlife and
Countryside Act 1981 and Protection of Badgers Act 1992.
The offences included the intentional killing of two common
buzzards and attempts to kill two more, clubbing two
badgers to death, illegally setting eight spring traps to take
birds of prey and possession of a shotgun to commit
offences. He was sentenced on 19 September, and despite
his young age and previous good character, Burden received
a suspended 26-week jail sentence, 150 hours of community
service and was ordered to pay £200 costs. He also asked for
six 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 was
adjourned for pre-sentence reports to 2 January 2009. The
court stated that Venton had been in a position of authority,
had knowledge of what was happening and had failed to
intervene. The matter was so serious that only a custodial
sentence was appropriate. They imposed 3 months custody, 3
IN THIS ISSUE: Confidential hotline launched • First freshwater pearl
mussel conviction • Hen harrier caution in Wales • Pigeon decapitated •
Thieves steal rare orchids from Peak District • Mexico bans parrot trade

4 concurrent on each offence, suspended for 12 months.
Venton was also required to undertake 250 hours unpaid
work in the community and pay £2,000 costs.
The shooting on the Kempton Estate is managed by Bettws
Hall, based in Newtown in Wales. During the hearings of
Venton and Burden, the court heard that one of the
gamekeeper witnesses contacted RSPB Investigations
in June 2007. He reported that he had witnessed extensive
persecution, which included several buzzards being shot,
and badgers caught in snare traps and then clubbed to
death. He initially contacted the National Gamekeepers’
Organisation (NGO), but, having received an unsatisfactory
response, contacted the British Association of Shooting
and Conservation (BASC) who advised him to contact the
www.newsteam.co.uk
Press Association
authorities. The second gamekeeper witness was employed
to replace the first, and decided to leave after only a week
on the estate. He also contacted the RSPB to report
offences including the use of a pole-trap by Venton. Of
particular concern was that both witnesses described
in detail a ‘vermin’ notebook held by Burden, which they
said documented the extensive killing of buzzards and other
wildlife during 2007. RSPB Investigations undertook
surveillance on the estate, and Venton was filmed tending
to 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 the
search, the notebook described by the witnesses was found
in 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 found
on the estate. Both Burden and Venton, after denying any
involvement during interview, were reported for offences.
After the case, RSPB Investigations Officer Mark Thomas
praised the two witnesses saying, “Their actions were brave,
public spirited and show the decent law abiding face of
game keeping.” The RSPB wishes to place on record our
thanks to the two witnesses in this case, CPS Solicitor Phil
Mason, Barrister Geoffrey Dann and PC Tim Griffiths.
Kyle Burden
Roger Venton
Read a first-hand account at:
http://blogs.rspb.org.uk/investigations
Confidential hotline launched
On 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.
advert for the hotline in a number of magazines, although
Shooting Times has already refused to place the advert.
The confidential hotline is 0845 4663636 (0845 GOODMEN),
www.rspb.org.uk/goodmen
Over 70% of those convicted of offences relating to the
persecution of birds of prey are employed in the game
industry, 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 shooting
industry – the employers and managers of gamekeepers –
who are primarily responsible for the continuing
persecution of birds of prey. These are people who
have been orchestrating these offences for decades and
hiding behind the criminal actions of their staff.
Many gamekeeping jobs include a house as part of the
employment benefits. This gives senior staff a big hold
over gamekeepers, as anybody who speaks out risks losing
not only their job, but also their home. In recent years,
a number of gamekeepers have come forward to report
crimes, and we hope that this new hotline will encourage
others to come forward. The RSPB intends to place the
2

PROSECUTIONS
White-tailed eagle
Chris Gomersall (rspb-images.com)
£600 fine for white-tailed
eagle disturbance
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 and
calling in a distressed manner. All eagle
nests on Mull are closely monitored,
and WCO PC Finlay Christine informed
the court an egg had been laid in the
24-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 view
the eagles without disturbing them.
White-tailed eagles receive special
protection under Schedule 1 of the
Wildlife 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 welcome
responsible tourists to Mull. What
happened here wasn’t responsible,
it was reckless.”
Acquittal over ‘gift’ of eggs
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 Dodsworth
of Rodin Avenue, South Shields, was
sentenced at Newcastle Crown Court
after pleading guilty to the purchase
of a marsh harrier and a honey
buzzard contrary to Regulation 8,
the Control of Trade in Endangered
Species (COTES) Regulations 1997.
Both species are listed on Annex A
of the EU’s CITES regulations.
Dodsworth was found not guilty on
three charges, and one other charge,
for the purchase of further Annex A
specimens, was discontinued.
The investigation began in late
October 2006, following a search
warrant executed by Northumbria
Police, assisted by the RSPB. A large
egg collection was seized, which
contained some CITES Annex A
species such as golden eagles and
honey buzzards, as well as a number
of taxidermy specimens.
During interview, Dodsworth claimed
he had bought a number of taxidermy
specimens, including some from eBay,
and that no Article 10 Certificates had
been supplied. He claimed he had
purchased a large cabinet from the
recently deceased egg collector Michael
Dawson for £600, and that the several
hundred eggs it contained ‘came free’.
In court, Dodsworth stated he had
been trying to build up a collection
of eggs from legitimate sources. He
accepted that he had been devastated
when a large egg collection had been
confiscated following a previous
conviction in 1998, but denied the
purchase of the cabinet was a ruse
to obtain the eggs. An experienced
auctioneer gave evidence and valued
the cabinet at less than £100. However,
he was found not guilty in relation to
this matter. The RSPB believes a change
G Shorrock (RSPB)
in the law may be necessary to cater for
the situation where CITES specimens
prohibited from trade are supplied
free as part of a financial transaction.
Dodsworth still has to face several
charges relating to the possession
of birds’ eggs and taxidermy
specimens, and is expected back
in Magistrates Court in 2009.
The RSPB would like to thank
Northumbria 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.
Dodsworth was
convicted of purchasing
a honey buzzard and a
marsh harrier
3

Damage assessment
for freshwater pearl
mussels on the River Irt
Cumbria Police
First freshwater pearl
mussel conviction
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 in
February 2008 when Phizacklea took
an excavator into the River Irt in
Cumbria without Environment Agency
permission, causing extensive damage
to over 1 km of the river and
destroying freshwater pearl mussels
and thousands of salmon and trout
eggs. Phizacklea received a 12-month
conditional discharge and was ordered
to pay £2,350 in costs.
Extinct in much of England and Wales,
freshwater pearl mussels are protected
through national and international
legislation, and it is an offence to
remove, handle or disturb them.
The only English rivers currently
supporting significant populations
are in Cumbria and Northumberland –
the Environment Agency is unable to
predict if the River Irt will ever recover.
Jonathan Shatwell, Area Environment
Manager at the Environment Agency,
said, “The extent of the damage
caused in this incident was
unprecedented and could have been
avoided if advice had been sought
from the Environment Agency.”
A thousand pound ‘tern for the worse’
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
4
the matter was reported to the police.
Burgess was interviewed and denied
the offence. An impact statement
was supplied by RSPB Investigations
and the case was overseen by WCO
Neil Hughes.
At Loughborough Magistrates Court
on 21 November 2008, Burgess
pleaded guilty to injuring the bird
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 termed
a ‘regrettable incident’.
Burgess had earlier suggested he
thought the bird was a black-headed
gull, ironically a species that is also
fully protected.

Community service for
Essex wild bird trader
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 into
Brockis’ business, Woodlea Birds. Test purchases by the
RSPCA led to a joint Essex police and RSPCA search
warrant on Woodlea Birds in November 2007. A large
number 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 and
concluded that none of them had been legally bred in
captivity. 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 Operations
Unit, 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 their
assistance in this case.”
PC Andrew Long, Essex Police Wildlife Crime Co-ordinator,
added, “This case once again shows that where possible
Essex Police will work with other agencies to tackle wildlife
crime. Essex Police takes wildlife crime seriously and I urge
anyone with information on any aspect of Wildlife Crime to
contact their local Essex Police Wildlife Crime Officer on
0300 333 4444 or e-mail wildlife@essex.pnn.police.uk”
Motoring madness
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 Cavalier
performing over a dozen handbrake
turns off the public road linking the
island to the mainland, destroying
habitat and endangering the lives
of other road users. The date of the
offence could not be established
and direct evidence of SSSI damage
could not be recovered, but head
warden Phil Davey stated that
valuable saltmarsh habitat and
intertidal sand flats would have
been churned up during the frenzied
driving spree.
On 15 October 2008, the driver, Paul
Gilmore of Prospect Avenue, Wallsend,
and the passenger, Osmond Lee
Pearson of Greencroft Avenue, Walker,
appeared at Newcastle Crown Court.
The two men, both aged 30 and from
North Tyneside, pleaded guilty to
reduced charges of careless driving
and aiding and abetting careless
driving respectively. They received a
six-month conditional discharge and
three penalty points each.
PC Swinburne commented, “This
case highlights problems faced by
off-roading on SSSI sites; the potential
Natural England
Lindisfarne National Nature Reserve
damage to habitats, as well as injury
to those actively involved and innocent
bystanders. Close collaboration
between agency partners and keen
media interest helped bring about
the downfall of those responsible
and the media coverage has also
acted as a great deterrent in the
problem of off-road driving.”
5

Gamekeeper drove a horse
and cart through the law
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 information
that a male in the Midlands was
supplying pesticides, acquired from
Ireland, to several shooting estates
in the north of England for use in
illegal predator control.
In the spring of 2007, following calls
from the public, the RSPB located a
dead buzzard, a dead gull and a number
of rabbit carcasses on two of the estates
mentioned. Analysis confirmed the
6
pesticide alphachloralose, which has
a long history in wildlife poisoning.
In May 2007, ‘Operation Worm’ – a joint
operation involving North Yorkshire and
West Mercia Police forces, supported by
Natural England, the Defra Investigation
Service (DIS) and the RSPB – executed
warrants at a number of addresses.
A number of unapproved and
improperly stored pesticides, including
alphachloralose imported from Eire,
were discovered at an address in
Shropshire. A man was later cautioned
for offences (see Legal Eagle 55).
A container of alphachloralose was
found in a gun cabinet at Freeman’s
home. The origin of this product was
not ascertained. Containers of
unapproved strychnine and the
fumigant Phostoxin were found stored
in his home, a vehicle and an insecure
outbuilding. His pesticide store was
Head Gamekeeper, James
Freeman, was convicted
of eight pesticide offences
Yorkshire Post Newspapers
not signed and did not have proper
provisions for storing fumigant
pesticides. In the store were containers
of Cymag, which was made illegal in
1997, and even more alarming was
a quantity of Cymag decanted into a
glass jar. An Enforcement Notice was
later served for proper disposal of a
wide range of unapproved pesticides.
The Judge stated that Freeman had
‘driven a horse and cart’ through the
regulations, but the fine was limited
by his financial situation. No costs
were awarded, but the Judge
unusually indicated that the estate
might like to consider making a
donation 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 the
Shooting Land Agent Simon Clowes
of the firm David and Bowring for
failing to properly supervise Freeman
and 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 two
days of legal argument, which centred
on the definition of the word ‘permit’.
The prosecution maintained that the
management position of Clowes was
analogous to that of an employer
and the broader definition of permit
should apply. The Judge decided that
a narrow definition of permit was
appropriate, and, in the circumstances,
the CPS felt they were obliged to
discontinue the case.
Freeman potentially still faces a further
offence under Section 1892 of the
Wildlife and Countryside Act 1981
relating to an allegation that syringes
found at Freeman’s home contained
traces of alphachloralose.
The RSPB wishes to thank all the
agencies involved – in particular
WCOs PC Gareth Jones and PC Mark
Rasbeary, David Tucker, Sarah Tyrer
and Denise Smith of the CPS and
Barrister Sarah Mallet.

Andy Hay (rspb-images.com)
Caution for hen harrier
disturbance in Wales
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 of
hen harriers on the nature reserve. The pair of birds, which
were nesting close to a public footpath, were alarm-calling
and circling low over his head. The disturbance carried on
for about 30 minutes, by which time the Site Manager had
arrived 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 the
breeding birds the day prior to the incident, and had even
made a note, “I’ll go back with my camera.”
Hen harrier
The RSPB wishes to thanks Sgt Ian Guildford, PC Charleen
Jones and PC Emma Davies for their assistance in
this investigation.
Scottish gamekeeper fined
and banned from using
General Licences
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 common
buzzard in a crow cage trap near Birthwood farm, Coulter.
The SSPCA Investigations Support Unit attended and
discovered the trap contained no food, water or shelter as
required by law, and no door was evident to enable swift
release of non-target species. Four inches of snow covered
the ground and no footprints or vehicle tracks were evident
within the vicinity of the cage trap. It was likely the trap had
not been inspected for at least 48 hours.
issue. Whilst £300 is a disappointingly small fine, this
conviction sends out the clear message that operators of
crow cage traps must comply with the law. We urge all land
managers to ensure staff are aware of their responsibilities
as stated in the Open General Licences. Non-target species
such as buzzards being caught in these traps is a particular
concern – if caught they must be released immediately.”
SSPCA
On 1 October, Whitefield appeared before Lanark Sheriff
Court 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 a
common buzzard. Following his conviction, Whitefield is
also barred from using the Scottish Open General Licences
as long as his conviction remains current under the
Rehabilitation of Offenders Act 1974 (5 years in this case).
Commenting, Bob Elliot, Head of RSPB Investigations
Scotland, said, ”This was a very fast response from the
SSPCA’s Investigations Unit regarding an urgent welfare
Buzzard in crow cage
trap near Coulter
7

Just for a lark
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, following
intelligence gathered by the RSPB and
Warwickshire Police, assisted by West
Midlands Police and the NWCU, a
number of search warrants were
executed as part of ‘Operation Carron’.
This led to the conviction and jailing
of prolific egg collector Gregory
Wheal, a man being cautioned for
possession of a wildcat skin and the
destruction of a number of birds’ eggs
originally taken in Turkey and Iceland
(see Legal Eagle 55).
When Stokes’ home was visited,
four skylark eggs, and egg-collecting
books and documentation were found
Warwickshire Police
in the campervan outside his home.
From his house, a digital camera was
seized. Stokes subsequently made
two “no comment” interviews. A
fingerprint taken from the container
holding the skylark eggs was found
to be that of Stokes. Forensic analysis
of the camera recovered a number of
previously deleted images of birds’
eggs in nests. These were passed to
A photograph of skylark
eggs from Stokes’ camera
was matched to eggs
seized from his vehicle
the RSPB for examination and were
found to contain images of several
clutches of skylark eggs in nests.
One of these, dated 12 June 2007,
could be matched to the clutch seized
from Stokes.
The RSPB would like to thank WCO
PC Stuart Powell and Mark Lunt of the
CPS for their assistance with this case.
G Shorrock (RSPB)
Pigeon decapitated
WCO PC Andy Swinburne of Northumbria Police reports:
In August 2007, during unrelated enquiries, Northumbria
police seized the mobile phone of Christopher Lumsden (real
name Davidson) of Salisbury Close, Ashington. The phone
revealed a sickening 15-second video clip showing Lumsden
biting the head off a pigeon during a drunken night out in
Morpeth, to the sound of laughter from his associates. When
interviewed at Bedlington Police Station, Lumsden admitted
to the drunken deliberate act and stated he had been
physically sick the next day when he viewed the clip.
Lumsden bit
the head off a
feral pigeon
In March 2008, Lumsden appeared before Bedlington
Magistrates, charged with killing a wild bird contrary to
the Wildlife and Countryside Act 1981. He pleaded guilty
and received a 12-month Community Order involving
100 hours of unpaid work and £40 costs. His solicitor stated
that Lumsden was extremely remorseful and had suffered
abuse, hate mail and bullying following the incident.
Andy Swinburne said, “This was a repellent and shocking
act. The publicity gained from this case can only act as
a future deterrent to mindless acts against wildlife.”
8

NEWS
One step forward,
two steps back!
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 an
effort to streamline the Common
Agricultural Policy (CAP), the EU
restricted the UK authorities from
taking similar actions in the future.
The EU removed ‘cross compliance’ –
the name given to the links between
CAP payments and other laws –
with Article 8 of the Birds Directive.
Article 8 bans the use of non-selective
methods of capture or killing of birds,
including poisons and traps.
Duncan McNiven, Senior Investigations
Officer at the RSPB, said, “This is a
blow for wildlife protection in the UK.
Deliberate poisoning is a major threat
to birds of prey; we had 49 reports
of raptors being poisoned in 2007.
Most such crimes happen on land
managed for game shooting, but the
people convicted are often employees
of the landowners rather than the
landowners themselves. The loss of
CAP payments was one way to put
pressure on landowners to clean up
their act. We will explore ways in
which this linkage might be reinstated
some time in the future.”
Despite the removal of the Article 8 link,
other cross compliance links remain in
place, including Article 5 of the Birds
Directive, which prohibits the deliberate
killing or capture of wild birds by any
method, including the use of poisons.
In addition, links also remain to the
EU Directive that controls the use of
The young white-tailed
eagle – ‘White G’ – found
poisoned in Tayside
Alan Stewart/Tayside Police
plant protection products on farms.
Consequently, UK authorities will still
be able to withhold farm subsidies
from landowners where improper
storage and use of certain pesticides
occurs; this includes several products
regularly used to poison wildlife.
The subsidies to the Glenogil Estate
were withheld in October 2008 by the
Scottish Executive after the police
discovered poisoned baits and traces
of the same illegal and lethally toxic
chemicals in estate vehicles, game
bags and knives on the estate in 2006.
The owner, John Dodd, is appealing
against the penalty. He has denied
any wrongdoing and stated that his
staff, who have not been convicted
of any offences, are innocent of any
illegal activity.
In a separate incident, a white-tailed
eagle was found dead in May 2008
close to the Glenquiech and Glenogil
Estates. In a subsequent search of the
Glenogil Estate, Police and RSPB
investigators found 32 cubes of
venison laced with three different
pesticides (carbofuran, bendiocarb
and isofenphos) placed on fence posts.
The body of a butchered mountain
hare, also laced with poison, was
found nearby. This was the largest
single seizure of poisoned baits in
Scotland for many years.
The eagle was identified by its wing
tags as ‘White G’, a male hatched on
Mull in 2007. It had ingested a lethal
mix of carbofuran and bendiocarb.
A dead buzzard, found close by, had
also been poisoned. Only a few
weeks earlier, the young eagle had
been filmed trying to steal a fish
from an otter in a loch on Mull (see
www.guardian.co.uk/environment/
video/2008/nov/10/sea-eagle-mull).
Despite the extremely serious nature
of these offences, the RSPB is
concerned that no proper police
follow-up has been carried out and
have written to the Tayside Chief
Constable in relation to this.
9

Operation Acoma:
Northumbria Police
safeguard roseate terns
Paul Morrison
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 reports
that the annual Operation Acoma includes a 24/7 warden
watch on the island, backed up by CCTV monitoring and
a joint press release by both partner agencies to assist in
deterring any wildlife crime.
Northumbria Police Marine Unit and the North East Air
Support Unit were tasked to respond as necessary. As part
of the intelligence package, local Area Command police
officers were also tasked to remain vigilant and to target
known and suspected egg thieves. Andy Swinburne visited
the island wardens and provided practical advice and
reassurance on dealing with potential incidents and police
response methods.
Andy Swinburne said, “It is only right that the level of
protection afforded to the roseate tern colony is matched
by this annual joint agency operation to safeguard the
colony, but also to provide protection and reassurance
to the wardens on this isolated island with a manageable
and recognised Operation. Despite the poor weather,
Roseate terns guard
their nest boxes on
Coquet Island
2008 was a successful breeding season and no untoward
incidents were reported.”
The RSPB would like to thank Andy for his support in this
ongoing operation. This is an excellent example of sound
commitment by police in combating a serious threat against
the UK’s rarest breeding seabird.
White-tailed eagle
Roy Mangersnes www.wildphoto.no
Third white-tailed eagle
poisoned in Co. Kerry
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 eagles
were persecuted to extinction in
Ireland. They were re-introduced
to Ireland in August 2007, with
15 young birds imported from Norway
and released in Killarney National
Park. Locals have been fully supportive
of the project, but it seems an isolated
minority still harbour an ancient,
misguided prejudice against the
eagles, and just 12 months into the
project three have fallen victim to
illegal poison baits.
On 27 May, the third eagle was found
dead just 1 km from the location of the
first two victims. Like the first two, the
eagle had ingested a combination of
the lethal poisons alphachloralose and
Trodax (nitroxynil).
Whilst meat baits are illegal, other
forms of poison bait such as grain,
eggs or bread and butter can still be
used in the Republic of Ireland for
controlling foxes, ravens or crows.
10

Working together for birds of prey in England
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 Gill
Primary School, near Gateshead, to
hear from pupils about the importance
of red kites to their studies, and see
the birds themselves. He then travelled
to the National Trust’s Gibside Estate
on Go North East’s red kite bus.
The success of Northern Kites in
establishing a breeding population of
these fantastic birds in Gateshead’s
Derwent Valley for the first time in
150 years contrasts with the fortunes
of other birds of prey. Hen harriers
continue to suffer the effects of illegal
killing, with only 10 pairs nesting
successfully in England in 2008. Those
present at the event recognised that
more needed to be done to secure the
future of all birds of prey.
The Minister welcomed the diverse
range of organisations prepared to
commit to ending illegal killing,
commenting, “We must continue
to work together to ensure that
the persecution of birds of prey is
consigned to history.” He emphasised
the important role the National Wildlife
Crime Unit plays in achieving this goal.
The significance of shooting and
conservation organisations signing
a pledge that concludes that “there
should be no place in England’s future
for the illegal killing of birds of prey”
was not lost on those present. While
Neil Wasp (i 2 i photography)
much remains to be done, Dr Mark
Avery, RSPB Director of Conservation,
described the event as “a massive step
in the right direction for the
conservation of England’s birds of prey.”
Please add your voice to these calls to
stop the killing of birds of prey online
at www.rspb.org.uk/birdsofprey If you
have already signed the pledge, please
encourage, friends, family and colleagues
to do the same. Every voice counts!
Huw Irranca-Davies MP with
children from the Rowlands
Gill primary school
Dark red
helleborines were
stolen from the
Peak District
National Park
B Gibbons (Natural Image)
Thieves steal rare orchids
from Peak District
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 Natural
Environment Team Manager, said, “The
actions of the thieves have damaged a
nationally important wildlife site and put
a rare plant under further threat.”
The theft of the orchids was discovered
in the Stoney Middleton area, near
Bakewell. Experts say that unless the
removal had been carried out by
someone with specialist knowledge,
the orchids were likely to die.
Dark-red helleborines are found in only
five areas of the UK, and their numbers
in the Peak District fell sharply in the
1960s due to mineral extraction.
Under the Wildlife and Countryside
Act 1981, it is an offence to uproot
plants from land without the owner’s
permission. Pete Charleston, Wildlife
Crime Co-ordinator for Derbyshire
Police, appealed for information about
the thefts or any similar incidents.
11

J Leonard (RSPB)
Deputy Chief Constable Ian McLeod,
Environment Minister Michael Russell MSP
and Chief Constable Richard Brunstrom
(from left to right)
Wildlife crime conference
celebrates 20th birthday
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, with
enthusiastic addresses from Chief
Constable Richard Brunstrom and
Mike Russell MSP, Scottish Minister
for the Environment, endorsing the
importance of overt political leadership
on tackling wildlife crime and openly
taking questions from the floor.
The Scottish Thematic Review was a
popular topic, and an update from Her
Majesty’s Inspectorate of Constabulary
Scotland (HMICS) sparked discussion
over the call for a similar review south
of the border.
Brian Stuart, Head of National Wildlife
Crime Unit (NWCU), gave an overview
12
of the unit’s work, and we eagerly
anticipate the release of the UK
strategic objectives in January 2009.
Intelligence-led policing is the way
forward in enforcing wildlife
legislation, and this is reflected in
the recent signing of a Memorandum
of Understanding between Natural
England, Countryside Council for
Wales, Crown Prosecution Service and
Association 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 Kent
Constabulary’s first full-time WCO.
He played the lead role in the first
successful prosecution for cetacean
disturbance in England and Wales.
Sergeant Rob Taylor of North Wales
Police received the runner-up prize
for Enforcer of the Year 2008, despite
only being in his first year of the post
after taking over from Pete Charleston
in early 2008. A Police Lifetime
Achievement Award was presented to
DC Jerry Simpson of the Norfolk Police.
The traditional Friday night RSPB
quiz was won by a team comprising
Ian Knox (Met Police), Guy Clarke and
Charles Mackay (UKBA), Peter MacNab
(HMRC), Alan Roberts (NWCU) and
Dr Ross McEwing – congratulations
to them.
After an interesting Sunday morning
programme in which speakers from
a variety of organisations outlined
recent cases, Guy Shorrock of the
RSPB wrapped things up with a
hilarious illustrated presentation of
the ‘highlights’ from the last 20 years
of the conference. This featured some
rarely seen and highly embarrassing
slides of many of the conference
luminaries down the years.
Presentations were made to both
Richard Brunstrom and Chris Kerr
by the RSPB to thank them for their
sterling achievements in the field of
wildlife law enforcement over the years.
Whether you were a conference
virgin or a veteran, this was a
valuable opportunity for all agencies
involved in tackling wildlife crime to
come together to share experiences.
We all look forward to meeting again
in 2009.

Irish kite falls victim
to senseless killing
In 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 kite
was found dead near Leitrim, Co. Down,
and a post-mortem confirmed that the
cause of death was shotgun wounds.
Both the wing tags and the leg ring had
been removed from the four-month-old
bird prior to its discovery.
Red Kites Project Officer for Northern
Ireland, Robert Straughan, said, “I was
saddened and disgusted by this
ignorant act. The people of South
County Down have really warmed to
this project and have embraced the
red kites as part of their countryside.”
Irish kites are protected under the
Wildlife (Northern Ireland) Order
1985. Being scavengers, they are
no threat to pets, livestock or people,
and there is no excuse for such a
callous and illegal act. RSPB
Investigations works closely with
police forces across the UK, and
fully support Police Service of
Northern Ireland in cracking down
on anyone engaging in the
illegal killing of birds of prey.
Sue Tranter (rspb-images.com)
Red kite
Stewart Scull leaves BASC
Stewart 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 Scull
Stewart worked with key personnel in Government
departments, statutory agencies and NGOs in the
conservation sector, and contributed to Defra stakeholder
committees, conferences organised under Partnership for
Action Against Wildlife Crime (PAW) and was an active
member of the PAW Publicity Group. In 1994, he organised
the first of BASC’s annual multi-agency wildlife law
enforcement seminars with Derbyshire Constabulary, which
now has a regular annual attendance of over 100 delegates.
Stewart conferred with MPs and contributed to specialist
parliamentary committees. He also raised awareness amongst
police officers of the role that sporting shooting plays in the
countryside and promoted understanding of the game laws
and legislation relating to traps and trapping.
A major achievement was securing the “gamekeepers
exemption” in the Hunting Act, and writing the accompanying
code of practice for using terriers and the abolition of the
game licence in England and Wales. He initiated specialist
codes of practice for stakeholders, wrote a booklet on trap
identification 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 be
consulted on gamekeeping or wildlife management at
scullbagley@talk21.com or on 07528 808371.
Jim Knight MP being
shown snares by
Stewart Scull (left)
Stewart received the PAW certificate of merit at the 2008
Wildlife Enforcer’s Conference at Tulliallan in November.
The RSPB would like to thank Stewart for his valuable
contribution to PAW and the promotion of good practice
within sporting shooting. We wish him well for the future.
13

INTERNATIONAL
Andy Hay (rspb-images.com)
Bird smuggling
rife in Slovenia
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 wide
variety of other species were smuggled including corncrakes,
waxwings, red-backed shrikes, bee-eaters and grey-headed
woodpeckers. The report also includes some revealing
photographs that illustrate the methods used to smuggle
the birds past the border authorities, including modified
bumpers, mudguards, spare wheels and under-seat
upholstery. A number of actions are proposed for improving
the situation by the Slovenian authorities.
Corncrakes were among the
birds smuggled into Slovenia
You can get an English language copy of the report by
contacting duncan.mcniven@rspb.org.uk or cites.arso@gov.si
Shooting carnage in Malta
Malta 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 period
during September, with over 50 volunteers attending from
around the world, including Finland and the UK. The aim
of the camp is to provide a deterrent on the ground for
potential offenders, to monitor illegal hunting and to
document any criminal events that take place.
Raptor Camp liaises closely with the local police. Pete
Charleston, ex-WCO, who attended the camp, said,
“The continued illegal hunting on Malta was truly
shocking, but the presence of so many committed
volunteers 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 is
underway into the shooting of a lesser spotted eagle –
a very rare species in Malta, probably originating from
14
Germany where huge conservation efforts have restored
the population to around 100 pairs.
The RSPB supports Raptor Camp, and would like to thank
the staff of BirdLife Malta, in particular Dr Andre Raine who
organised the camp, and Inspector Miruzzi, Head of the ALE
(Police), and his staff for their co-operation throughout the
camp. If you are interested in joining Raptor Camp 2009,
you can find more information at www.birdlifemalta.org
Birdlife Malta Raptor
Camp with three shot
marsh harriers
J Leonard (RSPB)

David Osborn (rspb-images.com)
Bald ibises poisoned
in Jordan
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 the
poison, and believe chicken farmers may have laid it in
order to kill rodents. RSCN (BirdLife in Jordan) is working
with the Jordanian authorities to identify the source of
the poison so that its use can be controlled.
Bald ibis
More Turkish birds will be satellite tagged next year. The
tracking project has boosted hopes for their conservation
in the Middle East, with conservationists now more
optimistic that they can re-establish a completely wild
population in Turkey.
Safer passage
for migratory
birds of prey
(RSPB)
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 migratory
birds of prey and owls, including some of the world’s most
charismatic and threatened species, have a safer passage
during their epic annual journeys.”
The MoU was signed in Abu Dhabi under the United
Nations Convention on Migratory Species. Human activity
has led to the decline in migratory birds of prey and
owls, with 50% of the world’s species under threat from
habitat loss and degradation, persecution, accidental
killing and climate change.
The new measures will ensure that signatories focus
particular conservation efforts on critical ‘bottlenecks’,
where large numbers of raptors concentrate while
migrating from breeding grounds in the north to wintering
ones in the south.
Huw Irranca-Davies, the UK Government’s Minister for
Wildlife, announced, “I am delighted that we have been
able to reach an international agreement to protect some
of the world’s most important birds of prey, such as
ospreys, golden eagles and snowy owls.”
Military macaw
Mexico bans
parrot trade
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 entirely
unsustainable. This bill is a vital step to prevent the loss
of parrot species. The bill will also help to safeguard the
future of ecotourism in Mexico. The United States alone
has 85 million birdwatchers, many of whom are willing
to travel to see unique birds like these native parrots.”
15

AND FINALLY
Final episode
of the Jerry
Simpson show
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 Enforcement
Conference in November 2007, Jerry received the Police
Lifetime Achievement Award after being nominated by
his Assistant Chief Constable. The RSPB also presented
Jerry with a certificate of appreciation for all his efforts in
wildlife crime enforcement. Jerry will be greatly missed by
the force, although we are told not for his football skills!
WCO DC Jerry Simpson (right) receiving
a RSPB Certificate of Appreciation
J Leonard (RSPB)
New WCO for Merseyside
The wildlife criminals of Merseyside
won’t be resting easy – there’s a new
WCO in town. DC Kenny Dummigan
has a life-long passion for birds and
other wildlife and has served with
Merseyside Police for 28 years, with
24 years’ experience on CID that has
taken him all over the world.
Merseyside is a busy area for wildlife
crime and the experience Kenny has
already gained in assisting former
Merseyside WCO Steve Harris will
no doubt stand him in good stead.
The RSPB would like to extend a warm
welcome to Kenny, who started his
new role on 8 December 2008.
Write to be read
We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions
in your force. Send your articles 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.
The RSPB speaks out for birds and wildlife, tackling
the problems that threaten our environment. Nature
is amazing – help us keep it that way.
We belong to BirdLife International, the global
partnership of bird conservation organisations.
The Royal Society for the Protection of Birds
(RSPB) is a registered charity: England and Wales
no. 207076, Scotland no. SC037654. 232-0119-08-09
The RSPB
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
www.rspb.org.uk
Northern Ireland Headquarters
Belvoir Park Forest, Belfast BT8 7QT
Tel: 028 9049 1547
Wales Headquarters
Sutherland House, Castlebridge,
Cowbridge Road East, Cardiff CF11 9AB
Tel: 029 2035 3000
Cover: G Shorrock (RSPB)
For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw
To sign the Bird of prey pledge, visit www.rspb.org.uk/birdsofprey