Legal Eagle

SSPCA
Prosecutions
The badger died with his head partially suspended from a live electric fence
Insects help convict
illegal snarer
The use of forensic entomology by the Scottish Society for the Prevention
of Cruelty to Animals (SSPCA) has helped convict a gamekeeper for snaring
offences that resulted in the death of a badger.
On 3 November 2015, George
Allan, 61, of Skene, Aberdeenshire,
appeared for sentencing at
Aberdeen Sheriff Court. Allan had
previously pleaded guilty to setting
a snare, failing to inspect it within
24 hours and failing to fit the
necessary identity tags, contrary
to the Wildlife and Countryside Act
1981 as amended by the Wildlife
and Natural Environment Act 2011.
He was fined £600.
In July 2014, a member of the public
reported a dead badger in a snare
to the SSPCA near Easter Skene,
Aberdeenshire, on the Dunecht
Estate. The snare, secured to a tree,
had been set close to an electric
fence and, as the badger had
attempted to escape, the snare
wire had wrapped around the
electrified strand. The badger
carcass was recovered.
A post-mortem examination,
undertaken by SAC Consulting,
indicated the animal had died
of asphyxiation. It is believed the
snare wire had become so twisted
during the animal’s attempts to
escape that it prevented it sliding
back through the running eye to
release the pressure. The
examination also found many fly
eggs and first stage larvae around
the neck, legs and anus. The fly
larvae were collected and stored.
There is a legal requirement to
check snares every 24 hours, so this
discovery raised a question: how
long would it take for the larvae to
develop after the badger had died?
After liaison with the PAW
(Partnership for Action Against
Wildlife Crime) Forensic Working
Group (FWG), arrangements were
made for an examination of the
larvae by Dr Amoret Whitaker of the
Forensic Entomology Unit of the
Natural History Museum (NHM).
The funding of this work was
supported through the FWG
Forensic Analysis Fund (see
pawfwg.org for more details).
This examination found eggs and
first stage larvae of a bluebottle
and a greenbottle species. Using
local weather and temperature
information, it was established
that the larvae of both species
were likely to take at least a day
to emerge after the eggs were
laid. This time would have been
in addition to however long the
badger had been alive while held
in the snare.
Commenting on the investigation
and court case, an SSPCA inspector
said: “The badger’s head was
partially suspended from a live
electric fence and would have been
subjected to a continuous electric
current. This is the first time
forensic entomology has been used
in an SSPCA investigation and we
wish to thank SAC Consulting, the
NHM and the FWG for their
expertise and financial assistance.”
Second Scottish vicarious
liability conviction
Prosecutions
Once again a vicarious liability prosecution has been successful, and has
forced an estate owner to take responsibility for an employee who illegally
trapped and killed a bird of prey.
On 1 December 2015 at Stirling
Sheriff court, Graham Christie, a
self-employed game farmer, pleaded
guilty to an offence contrary to
Section 18(A) of the Wildlife and
Countryside Act 1981. Christie
was fined £3,200 after admitting
his liability for the crimes committed
by James O’Reilly, a gamekeeper
employed by him.
This is the second conviction
under this legislation. The law was
introduced early in 2012 to try to
tackle raptor persecution by
encouraging landowners,
employers, and those with
responsibility in connection with
shooting to be diligent in countering
wildlife crime. It meant that Christie
was responsible for O’Reilly’s
actions, unless he could show
he took all reasonable steps and
exercised all due diligence to
prevent O’Reilly from committing
Pole trap conviction overturned
The court found that it could not be established that the owner of a game
farm had knowingly permitted the use of pole traps.
On the 27 November 2015, Michael
Wood, owner of a farm at Cropton,
North Yorkshire, had his conviction
overturned at York Crown Court.
The court ordered he cover his
own defence costs.
In July 2013, a member of the public
handed the RSPB the decomposed
corpse of a tawny owl, which was
claimed to have been found in
a pole trap set close to game
rearing pens near Cropton in
North Yorkshire. A post mortem
examination confirmed tissue
damage to one leg but was
unable to establish a cause of
death. The RSPB visited the site
to find the trap still in situ, with
offences. Christie was asked by
police how he was able to ensure
everything was done properly and
professionally. Christie stated:
“Well, I can only tell that by the
amount of pheasants that were
shown on a shoot day and that
he was very good to be fair”.
O’Reilly was convicted on 24 April
2015, and sentenced on 20 May,
having pleaded guilty to four charges
under the Wildlife and Countryside
Act 1981, including intentionally
trapping and injuring a buzzard by
using an illegal gin trap on Cardross
Estate in March 2013. In response
to the vicarious liability conviction,
Ian Thomson, RSPB Scotland’s
Head of Investigations, said: “It is
shocking that in 21st century
Scotland, someone employed as a
professional gamekeeper has not
only unlawfully targeted protected
birds of prey, but has used a trap
the safety catch on. A covert
camera was installed by the RSPB.
However, it remains unknown who
was responsible for this trap.
RSPB Investigations Officers
returned in 2014 and observed two
pole traps on another part of the
farm. A covert camera recorded a
member of staff twice resetting one
of these, and events at the site led
to the case against Wood (see Legal
Eagle 76). In total, five set pole traps
were recovered by North Yorkshire
Police, and two members of staff
were later cautioned.
At the original trial, Wood suggested
it was too dark to see the traps
that has been illegal for decades.
It is appalling that a game farmer is
so preoccupied with the production
of pheasants for sport shooting that
he has disregarded his responsibility
to ensure that his employee was
complying with the law. The recent
Review of Wildlife Crime Penalties
recognised that sentences for
wildlife crimes are too low.
The RSPB hopes the Scottish
Government implements the
recommendations made by the
review panel as soon as possible”.
The RSPB welcomes this conviction
and thanks the SSPCA, the Crown
Office and Police Scotland. It is
hoped that this conviction sends
out two clear messages: Scotland’s
birds of prey are fully protected by
law, and it is the responsibility of all
those involved in the ownership or
management of game bird shoots to
ensure they comply with legislation.
during a chance visit to the site,
though his wife gave contradictory
evidence about the nature of the
visit. The admissibility of the RSPB
surveillance evidence was
challenged by the defence,
but accepted by the court.
At the appeal, the light level,
as shown on RSPB photographs,
was accepted and the surveillance
evidence was not contested. Wood
maintained he had not seen the
traps and the court accepted it could
not be established he had knowingly
permitted their use. The RSPB
thanks North Yorkshire Police, the
CPS, and barrister Laurie Scott who
dealt with the appeal.
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