UK HeadquartersThe Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100

The RSPB speaks out for birds and wildlife, tacklingthe problems that threaten our environment. Nature is 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. 232-0409-11-12

Northern Ireland HeadquartersBelvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

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

The RSPB

For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw

www.rspb.org.uk

AND FINALLY…

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events andprosecutions in your force. Send your articles and mailing list updates to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to vicki.blair@rspb.org.uk or by fax to 01767 693078. The viewsexpressed in Legal Eagle are not necessarily those of the RSPB or PAW.

Write to be read

PAW is The Partnership for Action Against Wildlife Crime,a multi-agency body comprising representatives of theorganisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and non-governmental organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of

Police Wildlife Crime Officers and officers from HM Revenueand Customs and the UK Border Agency.

Please visit www.defra.gov.uk/paw for more information.

PAW

Alan Firth relaxing in his garden

We reported in Legal Eagle 65that ex South Yorkshire WCO SgtAlan Firth had retired, and waslooking for a quiet life watchingSheffield Wednesday. However,now we can announce he hasbeen resurrected as the newRSPB Investigations Officer inNorthern England. Alan started in July 2012 and brings with hima wealth of experience from 15 years as a WCO, particularly in relation to matters in the Peak District. We wish Alan well,and he can be contacted on 07900 678925.

Alan is back!

SOWING THE SEED

OCTOBER 2012 No 68

There has been a substantial seizure of birds’ eggs in Scandinavia after a UK investigation into their illegal trade.

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

W L O

IN THIS ISSUE: Suspended sentence not imposed on re-offender • Landmarkcase: two farmers fined for damaging protected woodland • Magistratesweep at badger baiting video • New DNA method used effectively in court

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Andy McWilliam of the NWCU reportson an unexpected outcome followingthe breach of a suspended sentence by Brynn McDonagh, for the illegal sale and importation of birds of prey.

“On 22 November 2010, BrynnMcDonagh, 28, of West Heath,Birmingham, was sentenced to 10 months in prison, suspended for a year. McDonagh had imported 20 EUCITES Annex B birds of prey, claimingthey were imported for a breedingprogramme. The birds were actuallybeing advertised for sale prior to

import, and manyhad already

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When is a suspended sentencenot a suspended sentence?

(continued from front page)

In Legal Eagle 62 we reported on the conviction of Andrew Seed in May 2010 for illegal smuggling and trade in birds’ eggs. The RSPB examined extensive e-mail correspondence and other items. This led to majorinvestigations into two other UK nationals, one currentlyongoing, and has implicated further persons outside theUK who were potentially involved in similar offences.

The RSPB prepared an intelligence report which wasdisseminated by the National Wildlife Crime Unit (NWCU)to authorities in Sweden. This led to seizures of more than6,000 birds’ eggs from three suspects. Enquiries are

currently ongoing, but other individuals have already been implicated: one man in Sweden and another inÖsterbotten, Finland, in possession of more than 10,000birds’ eggs and around 300 taxidermy specimens.

Alan Roberts of the NWCU visited enforcement officials in Finland in relation to the ongoing investigations in June 2012.

We hope to report more on UK and Scandinavian enquiries in due course.

been sold. We reported this in Legal Eagle 64.

In September 2011, McDonaghadvertised a Swedish “wild-taken”imported goshawk for sale on afalconry website. A CITES Article 10(A10) Certificate had been issued forthis goshawk, but this had alwaysincluded movement restrictions and a prohibition on sale. McDonagh waswarned by the Animal Health andVeterinary Laboratories Agency(AHVLA) and the Hawk Board that he could not sell the bird. However, a “sold” notice on the advert indicatedthe sale had gone ahead.

On 25 October 2011, I searchedMcDonagh’s home, and foundMcDonagh owned a merlin. Merlins arelisted on Schedule 4 of the Wildlife andCountryside Act 1981 (WCA),which requires captive birdsto be registered. He hadimported the bird fromMalta in December 2010. He only held a Maltese A10, which was not valid forregistration purposes. Only a UK-issued A10 covers a merlin asa registration document.

He was arrested and admitted selling the goshawk without a valid A10 andkeeping an unregistered goshawk. He was then charged.

Surprisingly, McDonagh pleaded notguilty. He changed his plea about theprohibited sale of the goshawk andkeeping an unregistered merlin. TheDistrict Judge committed the case to theCrown Court, saying that McDonagh hadclearly breached his suspended sentenceand added that she did not feel she hadsufficient powers to sentence him.

McDonagh appeared before a judge atBirmingham Crown Court on 27 April2012, but the judge declined to invokethe suspended sentence. McDonaghwas sentenced to 180 hours’ unpaidwork, £510 costs and the birds wereconfiscated. She also extended hissuspended sentence by six months,

which effectively expired on 21 May 2012.

The NWCU would like to thank PC Phil Allen from West

Midlands Police for hisefforts in bringing

this case beforethe courts.”

McDonagh with African hawk eagle– one of the birds illegally imported

from South Africa

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The tawny owl killed in the pole trap – barbaric devices banned for more than a century

Inset: close up – the tawny owlsuffered horrific injuries

J Hopes, Norfolk Police

A man has been fined just £100 after a tawny owl died from horrific injuriesafter being caught in a pole trap. Thisis a barbaric device which has beenbanned for more than 100 years.Norfolk WCO PC Jon Hopes reports.

“On 21 February 2012, JackBarrett Williams, 19, fromDereham Road, Easton, nearNorwich, pleaded guilty atNorwich Magistrates’ Courtto the illegal use of a springtrap, contrary to Section8(1)(a) of the Pests Act 1954.Two charges under theWildlife and Countryside Act 1981 were discontinued.He was fined £100.

On 3 May 2011, I went to see a chicken run onwaste ground at Easton.This was made up of sixfoot posts, chicken wirearound its sides andnetting over the top.

A freshly killed tawny owlwas caught in a Mark IVFenn trap, which had been set on top ofthe highest post. The owl had sufferedhorrific injuries to both legs, as the traphad cut through the skin and flesh downto the bone on both legs.

I interviewed Williams two days later. He admitted to having had no gamekeeping training, only working with pigs and sheep. He claimed he had aproblem with mice eating his chickeneggs, and had bought the trap at a carboot sale for £1.50 baited. He deniedtrying to catch owls or any other birds.

He was initially charged withintentionally killing a wild bird and using an unlawful trap to take a wildbird, contrary to the Wildlife andCountryside Act 1981. These werediscontinued following the plea to the offence under the Pest Act 1954.”

Pole trapperprosecuted

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In Legal Eagle 66 and 67, we reportedthe conviction of Matthew Gonshaw,49, of Cherrywood Close, Bow, London,and subsequent first-ever wildlife crimeAnti-Social Behaviour Order (ASBO). It banned him from entering Scotlandduring the bird breeding season (1 February–31 August each year). This investigation was triggered whenGonshaw was caught on the Isle ofRum, Scotland in June 2011. CharlesEveritt of the NWCU reports on theScottish end of the investigation.

“On 11 May 2012 at Inverness SheriffCourt, Matthew Gonshaw pleadedguilty to taking 20 wild birds’ eggs on the Isle of Rum and being inpossession of various articles for

PROSECUTIONS

the purpose of committing wildlifeoffences. He was sentenced to sixmonths’ imprisonment and received his second ASBO, preventing him fromentering Scotland during the breedingseason indefinitely.

The case started when it was brought tothe attention of Northern Constabularythat a man was acting strangely in agull colony on the isle of Rum, and thatsomeone had also been sending shoe-box sized parcels off the island. Whenthe police arrived on the island, stafffrom Scottish Natural Heritage (SNH)immediately pointed out a mancarrying an enormous rucksack, inwhich police found 20 wild birds’ eggs.He admitted to owning an egg-blowingkit which was retrieved by police.

The Metropolitan Police, assisted by theRSPB, searched his home in London,and found a collection of 700 eggs, forwhich he later received both a six-monthjail sentence and an ASBO not to enter

Rum deal for GonshawScotland from England during the birdbreeding season for 10 years.

Meanwhile, in Scotland, Gonshaw wasreleased from custody after his househad been searched. The RSPB identifiedthe eggs seized from Rum as eightManx shearwater and 12 passerineeggs. Rum is a National Nature Reserve(NNR) and Site of Special ScientificInterest (SSSI). It holds one of thelargest Manx shearwater colonies in the world, with nearly a quarter of theworld population. The egg-blowing kitwas also subject to forensic DNAtesting at Science and Advice forScottish Agriculture (SASA), whichhelped support the other evidence.

This case involved cross-memberagency working within the PartnershipAgainst Wildlife Crime Scotland(PAWS), including NorthernConstabulary, Crown Office ProcuratorFiscal, the NWCU, Scottish NaturalHeritage (SNH), SASA and the RSPB.”

A forensic first Dr Lucy Webster of the Wildlife DNAForensics Section at the Science andAdvice for Scottish Agriculture (SASA)reports on a new use of DNA testing.

“In June of last year, an egg-blowing kit found in Gonshaw’s possessionwas brought to the laboratory foranalysis. The police were keen to knowif it was possible to demonstrate thatthe kit had been used to blow eggsfrom wild birds. Based on the type ofeggs found in his possession that hadbeen identified by the RSPB, andwitness statements from the island

of Rum relating to his activities nearnesting birds, DNA tests weredeveloped for five different species.These tests were run on samples fromvarious parts of the kit. Three of thesetests gave positive results, confirmingthat DNA from Manx shearwater, a gull, and a warbler was on the kit. This result shows that DNA from atleast three species were on Gonshaw’s egg-blowing kit – and all of them couldbe linked to the wider investigation ofhis activities on Rum. This is believedto be the first time an examination ofthis type has been done.”

A Perthshire gamekeeper who killed a buzzard in a crow trap was fined £450 after being told: “You did not act as a reasonably competent gamekeeper”.

On 27 June 2012, at Perth Sheriff Court, Jonathan SmithGraham, 30, a gamekeeper on the Glen Lyon Estate, pleadedguilty to using a crow trap in which a buzzard was trappedand starved to death.

On 28 February 2011, Tayside Police responded to a report that three crow traps had been found on the Glen Lyon Estatein Perthshire, containing a dead buzzard, a dead sparrowhawkand two chaffinches.

Defence agent David McKie said that his client risked losinghis employment if convicted. However, Sheriff McCreadiesaid: “This case involved a dereliction of duty to wild birds.You did not act as a reasonably competent gamekeeper. The buzzard has been endangered and is only now making its way back from relentless persecution”.

Sheriff McCreadie went on to say: “I am satisfied that this is a case where a fine is appropriate, not only for you, but to discourage others”. Smith Graham was fined £450.

Following the court case, RSPB Scotland’s Head ofInvestigations Ian Thomson said: “We welcome the

Gamekeeper fined for trappingand starving buzzard

Eggs of Manx shearwaters were taken by Gonshaw

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DNA testing wasdone on this eggblowing kit seizedfrom Gonshaw

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A builder, fined for destroying anesting site which had been used for more than half a century, claimedhe was unaware that barn owls nested there. He admitted failure to carry out a proper survey of thederelict building. WCO Sergeant RobTaylor of North Wales Police reports:

“On 10 July 2012 at CaernarfonMagistrates Court, David Alan Titley,40, pleaded guilty to two chargesunder the Wildlife and Countryside Act1981, for disturbing a young barn owland destruction of a nest. He wasfined £250, with £150 costs.

Titley had been contracted to carry out clearance and repair work on aderelict house in Penygroeslon nearPwllheli in May 2011, where barn owlshad nested for more than 50 years.

50-year-old barn owl nesting sitedestroyed by builder

Local witnesses had seen the birds atthe site and heard chicks in the nestduring the days before Titley and twocolleagues arrived. A farmer, worriedabout possible damage to the owls,reported the matter to police.

When the North Wales Police arrived,the loft had been removed and thewooden planks burnt and there wasno sign of either the nest or owlets.Patrick Lindley, a Senior ConservationOfficer for the RSPB, provided anexpert witness statement on thebreeding ecology of barn owls andnoted the remains of barn owl pelletsin the ashes.

In mitigation, the court were told thatTitley, an experienced builder, wasunaware the owls nested in thebuilding. He accepted he failed to

carry out a proper survey, claiming he had been given assurances thatsuch a study had been carried out and had started the work.

My thanks go to PC Dewi Evans at Pwllheli for his professional anddiligent investigation on this case.”

A buzzard that had starved to death wasdiscovered in this crow trap, operated by SmithGraham, on the Glen Lyon estate in Perthshire

The buildingwhere thebarn owl nestdestructiontook place

PC D

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conviction of Mr Smith Graham and the strong commentsmade by the Sheriff. This latest case illustrates, yet again, the lax approach taken by some gamekeepers to following the licence conditions laid out by the Scottish Government. The use of these licences is a privilege, and with this comesresponsibility. Mr Smith Graham clearly did not take hisresponsibilities seriously and has now lost that right.”

Three sparrowhawks shot by pensioner

Sparrowhawk with prey

Covert cameras were usedat peregrine nest sites

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On 10 May 2012, Steven Paterson, 48,from Glenrothes was sentenced to aCommunity Service Order of 160 hours,after pleading guilty to various offencesof trading in endangered species,including shark jaws. Charles Everitt,NWCU officer reports.

“During Summer 2010, the UK BorderAgency informed me that they haddiscovered a website called GlobalImports based in Glenrothes, Fife, and on it, sharks’ jaws were offered for sale.

The owner of the site was StevenPaterson and, among other things, he wasselling body parts of protected speciesincluding whales, porpoises, turtles,tortoises, sawfish and sharks. Article 10certificates had not been applied for toauthorise the sale of the items.

During August, Fife Police and theNational Wildlife Crime Unit searched

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First conviction in Scotland for tradingendangered animal parts

Paterson’s house and found a housefull of animal artefacts, including morethan 5,000 sharks’ jaws. They alsorecovered several items advertised onthe website, which included a pilotwhale skull (in the bedroom), and twoharbour porpoise skulls (on a shelvingunit and a display unit). They alsoseized a green turtle taxidermyspecimen, sperm whale tooth, leopardskin and claws, great white shark toothand elephant tusk along withcomputers and documents.

The sharks’ jaws were sourcedlegitimately in the Philippines, but theprotected species had come fromvarious sources in the UK and beyond.During his interview, Paterson claimedto have little understanding of CITESregulations. However, Animal Healthrevealed that he had previously appliedfor two Article 10 certificates – whichhad both been refused.

6

Out of the wildernessA Devon and Cornwall police operation, OperationWilderness, successfully used covert cameras to catch men disturbing peregrine nests. Wildlife Crime Officer, PC Josh Marshall, explains:

“Operation Wilderness is a Devon and Cornwall policeoperation, designed to address, target and disrupt

Bedfordshire Police have cautioned an elderly pigeonfancier after he admitted shooting three sparrowhawks in Stotfold, Bedfordshire.

The man was arrested on 20 May 2012, in connection with the shootings, and police seized an air weapon. The pigeonfancier admitted he had shot the birds, and was given aformal police caution.

A member of the public raised the alarm in February 2012after spotting the first dead sparrowhawk. They alerted theRSPB and Bedfordshire Police.

Bedfordshire Wildlife Crime Officer, Inspector Tracey Day, said:“Wildlife crime in Bedfordshire is taken seriously. The forcewill continue to ensure that a positive approach is taken to all matters reported that involve wildlife crime”.

persecution and disturbance of birds listed on Schedule 1 of the Wildlife and Countryside Act 1981 within Devon.

We placed covert wildlife cameras at the nest sites ofpreviously targeted species and of species we consideredvulnerable to persecution or disturbance. An important partof the operation was to publicise that ten cameras werebeing used throughout Dorset, to “sow a seed of doubt” in the mind of those committing offences, and to captureevidence. We did not advertise their precise location.

Within 48 hours of a camera being installed on the southcoast of Devon, it had captured images of two menapproaching a peregrine falcon nest site, one of whom had a camera. It was obvious that their presence so close to thenest site would cause disturbance to the birds. The birds atthe time of my second visit had been successful in laying asingle egg. From the footage, I was able to recognise one ofthe offenders whilst the other was identified by a colleague.

Two men, aged 43 and 44, both from the Brixham area ofDevon, were arrested. We seized camera equipment anddiscovered photographs of the nest site containing aperegrine falcon egg on the camera. Both men received an official caution.

I would like to thank the Devon Birdwatching andPreservation Society for their kind assistance in funding the cameras for this operation.”

Conviction overturnedA Staffordshire man who pleadedguilty to two charges of possession ofwild birds’ eggs has had his convictionoverturned on appeal. Paul Edgley, of Rugeley, was originally convicted

of possession of 48 wild birds’ eggsand a further charge of possession of a kingfisher egg, a Schedule 1 species, at Burton Magistrates’ Court on 29September 2011. A further charge of

possession of items capable of being used to commit the offence of disturbing Schedule 1 birds wasdismissed. See Legal Eagle 66 fordetails of the original case.

PC Ian Laing with a few ofthe items recovered fromSteven Paterson

Two farmers were fined £6,000 for damaging a highly protected woodland

Two North Wales farmers have beenfined a total of £6,030 for damaging a highly protected wet woodland atLlwyn, near Denbigh, North Wales. The wet alder woodland is only one of three in Wales. It is owned by theWoodland Trust and is part of a 35-acre SSSI. It is also a Special Area of Conservation (SAC) – one of only 12 woodlands in the UK to have both designations.

On 10 July, Edward Prys Jones, 37, ofCastle Park Farm, Ruthin, and JohnBryn Jones, 26, of Plas Einion, LlanfairDC, near Ruthin pleaded guilty to thirdparty reckless damage of an SSSI underSection 28 of the Wildlife andCountryside Act 1981.

In late 2010, the farmers divided part ofthe land in two and created an accesstrack straight through it. The work cameto the attention of the police and the

Landmark case: farmers fined fordamage to protected woodland

Countryside Council for Wales in 2011. After their initial interview, they continued with work, includingimporting sand and stone to raise upthe track from the swamp.

The men pleaded guilty to the damageat an earlier hearing, but they contestedthe fact that restoration to the woodlandwas required to get it back to its originalstate. After a two-day trial, the judgegranted a full restoration order.

The case was the first of its kind in the UK to be prosecuted by the CrownProsecution Service (CPS). Investigatingofficer Sgt Taylor said: “Thankfully casesof this magnitude are rare, but theawarding of the restoration order wasvital for the biodiversity of the site andfor its future integrity. This is a highlyprotected woodland and it sends a clearmessage to those seeking to gain fromits destruction.”

The recovered specimens that Patersonoffered for sale were forfeited by thecourt and given to the NWCU to use for educational purposes. They were on display in the Partnership for ActionAgainst Wildlife Crime (PAW) caravan atthis year’s Royal Highland Show.”

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Replica horns have nowbeen attached to theblack rhinoceros head

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Two poachers were caught red-handed by a group of 22 Wildlife Crime Officers on an NCWU training day in Gloucestershire.

The police training group were en route to a badger sett for some hands-on wildlife crime training when they cameacross William Royles and Wayne Ingram. The men werecaught red-handed with dogs and ferrets, and had netted a rabbit warren without the permission of the landowner. On 24 May 2012, at Gloucester Magistrates’ Court, WilliamRoyles, 27, of Walham, Sandhurst, Gloucestershire, pleadedguilty to trespassing in pursuit of game contrary to Section 30 of the Game Act 1831. Co-accused, 18-year-old WayneIngram of The Willows caravan site, Sandhurst, also admittedthe charge. Royles also pleaded guilty to being in breach of a suspended prison sentence imposed for threatening wordsand behaviour. Magistrates fined both men £100 and ordered

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Birds held illegally and in poor conditions by Malcolm Spencer

Bolsover bird fancier avoids jailA Derbyshire man has been convicted for a string ofwildlife and bird welfare offences dating back to 2010. He was found with 61 live birds, including various speciesof parrot, and several dead birds. He admitted a lack of careand causing unnecessary suffering, possession of traps anditems including a net for taking wild birds.

On 25 April, Malcolm Spencer, 67, of New Bolsover,Derbyshire, was found guilty of 33 offences under theWildlife and Countryside Act and the Animal Welfare Act.He was sentenced at North East Dales Magistrates’ Court in Chesterfield to four months in prison suspended for twoyears, disqualified from keeping avian species for 10 yearsand was electronically tagged. He was ordered to pay£2,461 costs.

Following an investigation by police and the Royal Societyfor the Prevention of Cruelty to Animals (RSPCA), Spencerwas found with 61 live birds. These included skylarks,redstarts, yellowhammers, bramblings, bullfinches,whitethroats, wheatears and mealy redpolls. Spencer settraps to catch the wild birds at his allotment, tampered withbird rings and kept the birds in poor conditions.

The court heard a number of parrots, including TimnehAfrican grey parrots and yellow crowned Amazon parrots,were discovered living in his attic in dirty cages with no water. Several dead birds, including a bullfinch, were also discovered.

Spencer also admitted a lack of care and causingunnecessary suffering; possession of the traps and varioustools; and a net and associated items for taking wild birds.

RSPCA inspector Carroll Lamport said: “This is ahorrendous, cruel trade that is not realised by the generalpublic. Many or most of these birds taken from the wild will not survive in captivity and would be subjected both to physical cruelty as in this case and mental cruelty in the stress of being confined.

“This was a very difficult and time-consuming case and I would like to thank Derbyshire police for their time andmanpower, without whom this case would have beenimpossible to progress, in particular PC Adam Galley in his wildlife officer role.”

Poachers caughton Wildlife Crimetraining day

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Gloucestershire police who witnessed thepoaching during their training

them to pay £30 prosecution costs each. Royles’ existingsupervision order was extended by three months.

DI Sue Bradshaw of Gloucestershire Police said: "Little did I know how successful this wildlife crime trainingwould be. You really couldn’t make this up. Now, that’swhat I call a result."

A failed attempt to steal a rhino hornvalued at approximately £240,000from the Norwich Castle Museumresulted in a custodial sentence and probable deportation. DetectiveInspector Andy Ninman from Norfolkpolice reports:

“On 12 July 2012 at Norwich CrownCourt, Nihad Mahmod, 19, was foundguilty of attempting to steal a rhinohead from Norwich Castle Museumand was sentenced to two and a halfyears in prison.

The museum contains a variedcollection of fine art, archaeology and natural history. On 20 February2012, a gang of four made for theNatural History Galleries and forcedopen a cabinet containing a blackrhinoceros head. They removed thehead and started making their way to a waiting car. A party from theUniversity of Cambridge ZoologyMuseum was also visiting themuseum, and they quickly raised thealarm. A member of staff and one ofthe visitors intervened, causing themen to drop the head, and flee.

Museum rhino raid foiledShortly after the alarm was raised, a member of the public saw a manremove a set of number plates from a navy Renault Laguna, and reported it to the police. The number plateswere recovered and revealed itbelonged to Nihad Mahmod, a failedIraqi asylum seeker who was livingrough in the London area. Mahmodadmitted his part in the attempt tosteal the rhino head.

This particular crime helps feed the market for rhino horn (used inoriental medicines), which leads toincreased poaching. Since the theft,the museum has replaced the rhinohorns with marked replicas. NorfolkPolice are continuing to investigatethe accomplices. A second man hasalso been charged with attemptedtheft of a rhino head and a third man is on police bail.”Illegal traps taken from

Spencer’s house

PROSECUTIONS NEWS

Video footage of dog and badger fighting reduced twomagistrates to tears in three incidents of horrific animalcruelty. Carroll Lamport, RSPCA Special Investigator, reports.

“On 22 May at Bradford Magistrates’ Court, Anthony Lee, 23,of Coronation Way, Keighley, West Yorkshire, pleaded guilty tothree counts of causing and taking part in animal fighting and causing unnecessary suffering to the dogs. He was sentencedto 26 weeks in prison and banned from keeping or caring forany animals for the rest of his life, withno appeal on this ban to be allowedbefore 50 years.

Lee was one of four suspects visited with a warrant by a joint police andRSPCA team. Two bull lurcher dogs withextensive facial and body scarring wereseized by police along with a number of other evidential items. The dogs wereseen by a vet who stated that the injuriescould only have been caused byprolonged contact with badgers.

Lee was not present at the time of thewarrant, but came in later the same dayto the police station in Keighley. He wason a mobile phone as he walked in andhe was immediately arrested and thephone seized. His vehicle was searchedbut it had just been thoroughly cleanedout and disinfected. He gave no

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Magistrates tearful at viewing of horrific badger baiting video

explanation for the horrific injuries to the dogs and stated they had been inflicted before he got them.

I examined Lee’s mobile phone and computer. On them, I found three short videos still in the recycle bin and these showed both dogs being used in three separate badgerbaiting incidents. It even identified the camera it was taken on, and Lee’s voice could be heard in the background urging the dogs on and laughing as

the dogs tore the badgers apart.

This was a particularly upsetting casedue to the extensive injuries to the dogsand the horrific savaging of the badgers.When he was charged, the video wasplayed in court and two magistrates were reduced to tears.

The dogs were signed over just prior to court. One of the dogs had beenpregnant when seized. She producednine puppies which were all re-homed,but the two adult bull lurchers had to be put down because of the obvious risk in re-homing them.

My grateful thanks go to West Yorkshire police and in particular PC Richard Oddy.”

In May, the Government was forced tomake a U-turn on proposals to spend£375,000 on trialling techniquesincluding the destruction of buzzardnests and removing adult buzzardsfrom the wild.

The trial was proposed in response to suggestions from some shootingestates that buzzard predation has a serious impact on youngpheasants, which are released for recreational shooting.

Following decades of persecution, the buzzard was eradicated from largeareas of Britain. Legal protection and a general warming of attitudestowards buzzards and other birds of prey, on the part of many lowlandland managers, has led to buzzards

recovering across the UK – a fantasticconservation success story.

An independent study found that, on average, only 1–2% of releasedpheasant chicks are taken by birds of prey. In contrast, 45% were shot,with the remainder dying as a resultof other factors, such as road collision and disease, or surviving to join the feral population. Therefore,losses of pheasant chicks to birds ofprey are negligible.

Much of the buzzard’s diet is made up of small mammals, carrion andinvertebrates. The RSPB believespotential conflicts on shooting estatescan be managed without destroyingnests or moving buzzards. Measuresinclude providing more cover for

Defra should target hen harrier conservation, not buzzards, says the RSPB

young pheasants in release pens,visual deterrents to discourage birds of prey, and providingalternative food sources.

The RSPB’s Conservation DirectorMartin Harper said: “I have never feltsuch a palpable sense of anger fromthe public as has been shown over theGovernment’s plans. We welcome thisU-turn, but unless the unnecessarykilling of birds of prey ends, the threatis still there. This whole episode hasbeen an unwanted distraction forDefra, which should be targeting theirfunding at those species – like henharriers – which are most in need. The government must now directNatural England to refuse any licenceapplications to kill birds of prey, fromshooting estates or anywhere else.”

Defra needs to allocate resources towards preventing hen harrier extinctions, not buzzard control

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Crane conviction overturnedIvan Peter Crane, previously convicted for the unlawful use of a Larsen trap, has had his conviction overturned.

In Legal Eagle 67, we reported the conviction of Ivan PeterCrane for the unlawful use of a Larsen trap. A previous

A Larsen trap unlawfully used by Crane

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conviction in connection with a pole-trapping incident,reported in Legal Eagle 65, meant that Crane was unable to avail himself of the General Licences which allow the useof such traps. However, during June 2011, two Larsen trapswere found in operation in his farm and in January 2012Crane was convicted in respect of these. On 12 July 2012, an appeal against sentence and conviction was heard atNottingham Crown Court. Following prosecution evidenceand legal arguments the appeal was allowed. The Judge was critical of the police and CPS for bringing theprosecution, suggesting that Crane should have been given a warning.

We understand that there is still a requirement to obtain an individual licence from Natural England (NE) if a personhas a relevant previous conviction which prevents themfrom operating under the General Licences. Encouragingly,NE has reported that, following the media coverage inconnection with this case, at least two individuals withrelevant convictions have contacted them asking forspecific licences to use cage traps.

Images fromLee’s mobile

phoneshowing thetwo lurchers

attacking abadger

Goshawk nest destroyed The history of poor raptor breeding in the Derwent Valley in the Peak District has continued in 2012 with the discovery of a destroyed goshawk nest.

In April 2012, the RSPB Investigations team visited an active goshawk nest in woodland in the Derwent Valley, Derbyshire. We found evidence that someone

had climbed the tree and pushed out the nest with the eggs found lying on the ground.

A media appeal was launched with a reward leading toconviction. Overall, the season in the Derwent Valley has been terrible, with no chicks surviving from any of theperegrine, goshawk or buzzard nests.

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Goshawks are continuing to havea hard time in the Derwent Valley

Bat roost demolition costs company £7,500A haulage company’s demolition work has destroyed a batroost in Penrith, contrary to the law and in contradiction ofconditions laid out in their planning consent.

On 16 August at Carlisle Magistrates’ Court, Thomas Dent, 48,of Maiden Hill, Penrith, pleaded guilty to three offences underthe Conservation of Habitats and Species Regulations 2010.He was fined £7,500 with £85 costs and £15 victim surcharge.

An investigation was launched in January 2012 by wildlife and environmental crime officers from CumbriaConstabulary. They had received a report that a building hadbeen demolished to accommodate a wagon-washing facilityat Barbary Plains, Edenhall, Penrith.

The premises had only recently been purchased by DentCompany, a local haulage business. Its chief executive officeris Thomas Dent. The building contained three roosts used bybrown long-eared and pipistrelle bats.

An ecological survey had identified the roosts. Planningpermission was granted on condition that mitigation

measures and a compensation strategy were put in place for bats. Dent was responsible for giving permission for thedemolition works without these mitigation measures beingput in place.

All bats and their roost are protected by law whether the roostis occupied or not. There is a maximum punishment of twoyears’ imprisonment and/or a maximum fine of £5,000 foreach offence under the Regulations.

Pete Charleston, Bat Conservation Trust Investigations Officer,explains: “The law allows for building, development anddemolition to take place at bat roosts provided that the impacton bats is minimised by following the certain conditions as setout in a licence. If you plan works and follow the mitigationmeasures as outlined in the licence, projects can runsmoothly. If you don’t, it is a serious offence. Bats are put atrisk with long-lasting consequences for bat populations.”

The Trust supported Cumbria Police and the CPS throughoutthe investigation and praised the work of the CPS and thepolice for their work.

A brown long-eared bat roost was destroyed

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Conservationists in Banstead Woods, Surrey, fear that the Roman snail could soon be wiped out after 70% of thepopulation has disappeared over the last two years, allegedlyto supply the French restaurant market.

Volunteers at WoodChipConservation have been

patrolling the 160-acrewoodland site in Surrey

to try to preventfurther poaching.One person was

L’escar... gone!caught with two bagfuls, possibly weighing 15kg. If Frenchrestaurants are willing to pay up to £1 a snail, as claimed by the conservationists, then a 15kg haul could be worth£400. WoodChip Conservation member, Mr Keay said: “They are very big and on the continent they are the onespecies that the continentals love eating. So we have verygood populations, whereas in their natural countryside inFrance, Germany, Italy, Spain, they’ve been eaten out.”

Surrey police have been involved in investigating the case.

Roman snails were added to Schedule 5 of the Wildlife andCountryside Act in April 2008. It is illegal to

intentionally kill, handle, possess or sellwithout a licence from NE. Thought to have

been introduced by the Romans, these are thelargest UK snail species, measuring over 10 cm in

length and living up to 20 years. They are only foundon well drained lime-rich soils, either chalk orlimestone, and they live in relatively undisturbedgrassy or scrubby habitats.

Gamekeeper caught by RSPB surveillanceat site of illegally set spring trap

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itGamekeeperwarned over trapDorset Police has warned a retired gamekeeper about histrapping activities, after he was filmed by the RSPB in May2011 attending to a spring trap, which had previously beenset on the ground in the open.

The trap was set in a pheasant pen, next to a woodpigeonbait which had been staked to the ground. The RSPBconcluded that it had probably been set to catch a buzzard due to the construction of a nearby perch and the circumstances under which it was found.

Dorset Police gave the man a warning – the decision not to prosecute was based on his age and personalcircumstances.

Spring traps are lawful if they are placed in tunnels used to trap small mammals, such as stoats and weasels. It is illegal to place them where they are likely to causeharm to a wild bird.

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Network Rail’s non-urgent programme of vegetationclearance during the bird breeding season was postponedfollowing action from the RSPB and a local communityaction group.

In May 2012, the RSPB was informed of vegetation clearanceby Network Rail along a section of railway line at Whitstable,Kent. This type of work is unacceptable during the birdbreeding season, when active nests are prone to destruction.The only exception is in situations of genuine emergency.

Enquiries indicated the clearance was planned and that part of the site, including numerous trees and bushes, hadalready been destroyed. A local community action groupquickly formed, opposing Network Rail at every stage.

On 28 May 2012, the situation came to a head. WhenNetwork Rail turned up to finish the works they were metby protesters (some of whom chained themselves to thetrees), officers from British Transport Police and KentConstabulary, as well as a Channel 4 News crew.

Faced with this situation, Network Rail chose wisely todelay works – an action that showed the clearance had not been emergency works.

The RSPB played an integral role by undertaking a birdsurvey. It indicated the area contained breeding birds, andtheir nests would have been illegally damaged or destroyedhad the works continued.

Network Rail off the tracks?

Hot on the heels of this case came news of others inLondon. Planned works were stopped in Dalston, and in Islington large areas of rail-side scrub were removed. The issue hit the national media, and even featured as a debate in the Houses of Parliament.

We’d like to thank the British Transport Police for their co-operation, and we look forward to an effective dialogue with Network Rail to bring this avoidable situation to a positive outcome.

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Natural England (NE) has issued a guidance document:Catching and releasing wild game birds: a legal summary.The key legal considerations are outlined in the practice of catching and releasing game birds as part of game birdmanagement in England.

Game birds are primarily covered by legislation other than theWildlife and Countryside Act 1981 (WCA), falling under otherlaws such as the Game Act 1831, which makes taking certaingame birds outside the open season unlawful. Certain parts of the WCA are relevant to game birds, in particular the sectionwhich relates to the use of certain methods of killing and taking.The list of prohibited methods includes traps, nets, any form ofartificial lighting, sound recordings and the use of mechanically-propelled vehicles.

Certain exceptions apply to the prohibitions on methods in Section 5, including “the use of a cage-trap or net for thepurpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding.” Catching game birds outside the open season requires authorisationunder the Agriculture Act 1947.

In recent years, it appears there has been a practice, on a number of shooting estates, to catch grouse in order to administer medicines to reduce the prevalence of a parasitic infection known as strongylosis. This has typicallyinvolved the use of mechanically-propelled vehicles, lamps and sound recordings – activities prohibited under the WCA. NE guidance helps to clarify the situation and states that alicence should be applied for to undertake these activities. Visithttp://publications.naturalengland.org.uk/publication/970476for guidance documents.

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Madeleine Groves from the Conventions and Policy Sectionof Kew Gardens has been awarded an MBE in the Queen’sBirthday Honours List for her work in CITES enforcementand training.

Madeleine will be well known to many in wildlife enforcementand is a regular attendee at the Wildlife Enforcers’ annualconference. After graduating from the 1991 Kew Diplomacourse, Madeleine has become one of the leading figures in CITES enforcement and capacity building for plants.

Working closely with the UK Border Force, she has trainedlarge numbers of UK police, customs officers and wildlifeinspectors. She has produced specialist training materialswhich are used by CITES Parties across the globe andcontributed to the PAW Forensic Working Group. Outside theUK she has run training courses for EU countries and workedwith some of the world’s major plant exporters. She hasrepresented the UK CITES Scientific Authority on governmentdelegations and has represented the EU in Latin Americarelating to trade in mahogany.

Madeleine has been at the heart of pushing plants onto the enforcement agenda and the RSPB would also like to congratulate her for the much deservedrecognition she has received.

Madeleine’s Big Event

Madeleine at the opening ofthe Quarantine House at Kew

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Welsh wizard ends his spellWCO Sgt Ian Guildford has retired after 33 years with theSouth Wales Police, the last nine on secondment toCountryside Council for Wales (CCW).

Ian started as a WCO back in 1991, but his involvementincreased following a major wildlife investigation with theRSPB in 1996, Operation Folkestone. This resulted in two menbeing convicted for the laundering of a number of wild takenbirds of prey including goshawks, red kites and merlins. DNAprofiling was used to discredit captive breeding claims.

In 1997, Ian became the first winner of Wildlife Enforcer of theYear, shared jointly with Charles McKay of customs. In 2003,Ian was seconded to CCW and has spent the last nine yearsas a full-time WCO. Some of Ian’s cases have been veryinteresting. For instance, he was responsible for the firstconviction of a pigeon racer for the attempted poisoning of aperegrine and a successful case against a local authorityrelating to dormice. A CITES case involved the attempted saleof a sturgeon, which ended when the defence produced a faxon behalf of the Queen who, after being offered the “royalfish”, declined it and said the fisherman could do what heliked with it. He worked on third party damage on ageological SSSI for the theft of fossilised dinosaur footprints

Ian Guildford(right) receivingRSPB thanks

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and their subsequent sale across the world. He eveninvestigated an escaped kangaroo. It turned out to be a foxwith mange.

Ian’s only failing appears to be his choice of West Ham ashis football team!

The RSPB has worked with Ian on many cases and hasalways been impressed by his hard work andcommitment. We would like to express our thanks andwish Ian, his wife Lisa and their five children all the bestfor the future.

Operation Cage leads to thousands of arrestsPolice forces across the UK, the BorderForce and the Animal Health andVeterinary Laboratory Agency (AHVLA)all played a part in the recent Interpoloperation known as Operation Cage totarget the trade in illegal wildlife. Morethan 8,700 birds and other animals,including reptiles, mammals andinsects were seized and nearly 4,000people arrested across 32 countries.

The operation saw police, customs andwildlife enforcement authorities in all 32 countries carrying out thousands ofchecks at ports, airports, markets, petstores and taxidermists. Operation Cagewas the third operation co-ordinated byInterpol to target the growing trade inillegal wildlife. The operation ran fromApril to June 2012 and focused onillegal trade and exploitation of birdsand their products.

In the UK, efforts were concentratedon the illegal trade in birds of prey.

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26 inspections were conducted by theUK Border Force and Animal Healthand Veterinary Laboratories Agency.As a result, police forces, supportedby the NWCU, are involved in 14investigations. Five people have beenarrested to date, two people convictedand there are several pending courtcases. NWCU head, Nevin Hunter, hasadvised that work is ongoing and thatthere may be further investigations.

The Association of Chief Police Officers lead on Wildlife Crime, ChiefConstable Stuart Hyde of CumbriaPolice, praised the organisationsinvolved in Operation Cage in the UK saying: “This is an example of UKLaw Enforcement working together totarget international wildlife crimes. Bycontributing effort from across the UKand linking in with Interpol we havebeen able to start the process to bringpeople to justice for breaking nationaland international conventions”.

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Training inBangkok forcollection ofwildlife forensicsamples.

RSPB Senior Investigations Officer, Guy Shorrock, reports on a Wildlife Forensics Seminar in Bangkok.

“South-East Asia is a key battleground in the fight againstillegal trafficking of the world’s most endangered species. It is a consumer and supplier of items from tiger products to tropical hardwoods. South-East Asia is also a transit point,for example for poached rhino horn smuggled from Africa to China and Vietnam.

In 2009, TRACE Wildlife Forensics Network created a project in partnership with TRAFFIC East Asia, which formed a WildlifeForensic Network to support the Association of SoutheastAsian Nations – Wildlife Enforcement Network (ASEAN-WEN). It was funded by the UK Darwin Initiative, supported by theRoyal Zoological Society of Scotland.

The project examined the existing capacity and needs foridentifying traded wildlife, before implementing a trainingprogramme for enforcement and scientific officers. It hashelped set up and improve wildlife DNA forensics testingfacilities in several Asian countries, and provided training forthe collection of evidence by the law enforcement agencies.

The seminar represented the culmination of the project with over 170 attendees. It brought together key ASEAN and international wildlife forensic experts, with experiencedpractitioners from the UK and USA. The RSPB has had along involvement in the use of forensics techniques in

Wildlife forensics in Asiainvestigating wildlife crime, and has been involved with the PAW Forensics Working Group since its inception. I was asked to give a presentation on the range of forensic methods used in the UK.

Illegal wildlife trade is a huge problem in the region andwildlife forensics, particularly DNA testing, will have anincreasing part to play. The impact that even small UK funded projects can potentially achieve, when driven bycommitted individuals at tiny organisations like TRACE, is astonishing. This should give hope to us all of what could be achieved, if governments could make the necessarycommitments of political will and necessary resources.”

More than 2,000 birds were seized during Operation Cage

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Mixed fortunes for Irish white-tailed eagles

Despite persecution,white-tailed eaglesare breeding inCounty Clare

Two nests of imperial eagleswere robbed in Bulgaria.

been shot at some time inthe past, as shotgun pelletswere found in its body.

Post-mortem results fromthe other sea eagle, founddead in the Blue Stack mountains in Donegal, showed thatit had also been poisoned. The National Parks and WildlifeService are investigating the killings.

Imperial eagles still under threat in Bulgaria

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During 2012, two Eastern imperial eagle nests were robbed in the Sakar mountains in Bulgaria. This species is globally declining and classified as vulnerable. Bulgaria has a fragile population of around 25 pairs.

The species is the subject of specialised conservation projects implemented by theBulgarian Society for the Protection of Birds (BSPB) including activities like nest

guarding, public awareness campaigns, and development of agri-environmentalschemes. Even with all these long-term conservation efforts, there are very

disturbing signs in the recent years of uprising illegal activities.

During 2010, two nests, one of which was guarded, were robbed in the area of the Sakar mountains, in south east Bulgaria. This year eggs were taken

from two nests in the same region. The eggs were well developed andthere are concerns they may have been taken for incubation and

subsequent laundering of young birds into the captive market.

Following advice from the RSPB, the Bulgarian Authorities have circulated details to other EU Member States,

in case there are any unusual captive breedingclaims of this species.

A pair of white-tailed eagles has bred near Mountshannon,County Clare, this year. This is the first documented nestingattempt for the species in Ireland in more than a century,but there is a background of persecution.

The birds settled in the area in early 2011, and werereleased in Killarney National Park, County Kerry, as part of the Irish reintroduction programme managed by theGolden Eagle Trust. The breeding pair, a four-year-old maleand three-year-old female, were collected in 2008 and 2009respectively on the island of Frøya off the west coast ofNorway. White-tailed eagles are fully mature and usuallybegin to breed at five years of age, but birds in Scotlandhave very occasionally bred as early as three.

Because they are so young, a successful nesting attemptwas thought unlikely, and it was no surprise that the birds’nesting attempt failed during incubation. There are highhopes that they will try again next year and rear the firstIrish-bred sea eagles for over 100 years.

However, the poisoning of two more white-tailed eagles in Mayo and Donegal in the spring has cast a cloud overthese momentous events. A bird carrying a satellite tag was found dead on the shores of Lough Beltra in CountyMayo. Post-mortem results showed that the eagle had ahigh concentration of poison in its body, and it had also

French enforcement authorities are turning a blind eye toillegal bird trapping, claims the Committee Against BirdSlaughter (CABS). The team were investigating the practiceof trapping migrating ortolans, a species of bunting, whichare prized as a delicacy in France. Ortolans have been fullyprotected in France since 1999.

During their operation, German-based CABS found 27active trapping installations and 679 cage traps. They also released 80 freshly-caught birds.

Campaigners complained that their team members wereshot, sprinkled with urine and had their tyres slashed by localhunters – but that the police offered them no protection. Theywere even instructed to leave the area by the local prefect,because their safety couldn’t be guaranteed.

Ortolans breed in Western Europe and migrate to Africa for the winter. They are caught in large numbers

French authorities accused oftolerating illegal bunting hunting– and campaigners are at risk

as they pass through south-western France. Trapped birds are fattened on millet, drowned in Armagnac, then plucked, roasted and eaten whole, normally whilediners drape a linen napkin over their head to preservethe flavour. Ortolan populations have declined acrossmuch of their European range.

Andrea Rutigliano of CABS said: “Our results show thatortolans are still being trapped and the authorities dopractically nothing to combat this illegal practice.”

The CABS team were investigating the practice in late August 2012 in the Département des Landes in south-west France.

CABS is sending a report on their findings to the EuropeanCommission and have posted a video of their operation atwww.youtube.com/watch?v=GG65CecKSNc&feature=youtu.be

UK HeadquartersThe Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100

The RSPB speaks out for birds and wildlife, tacklingthe problems that threaten our environment. Nature is 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. 232-0409-11-12

Northern Ireland HeadquartersBelvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

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

The RSPB

For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw

www.rspb.org.uk

AND FINALLY…

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events andprosecutions in your force. Send your articles and mailing list updates to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to vicki.blair@rspb.org.uk or by fax to 01767 693078. The viewsexpressed in Legal Eagle are not necessarily those of the RSPB or PAW.

Write to be read

PAW is The Partnership for Action Against Wildlife Crime,a multi-agency body comprising representatives of theorganisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and non-governmental organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of

Police Wildlife Crime Officers and officers from HM Revenueand Customs and the UK Border Agency.

Please visit www.defra.gov.uk/paw for more information.

PAW

Alan Firth relaxing in his garden

We reported in Legal Eagle 65that ex South Yorkshire WCO SgtAlan Firth had retired, and waslooking for a quiet life watchingSheffield Wednesday. However,now we can announce he hasbeen resurrected as the newRSPB Investigations Officer inNorthern England. Alan started in July 2012 and brings with hima wealth of experience from 15 years as a WCO, particularly in relation to matters in the Peak District. We wish Alan well,and he can be contacted on 07900 678925.

Alan is back!

SOWING THE SEED

OCTOBER 2012 No 68

There has been a substantial seizure of birds’ eggs in Scandinavia after a UK investigation into their illegal trade.

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

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IN THIS ISSUE: Suspended sentence not imposed on re-offender • Landmarkcase: two farmers fined for damaging protected woodland • Magistratesweep at badger baiting video • New DNA method used effectively in court

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