Legal eagle

The RSPB’s investigations newsletter
June 2013 No 70
Legal eagle
Egg trader
cracks
Prison officer
Keith Liddell
eventually admitted
his illegal trade in
birds’ eggs
see page 2
Cascade
In this issue:
Police and Crime Commissioner vows to tackle wildlife crime
Rare mussel population and habitat destroyed Bird trapper jailed
Hefty fine for sett disturbance Gamekeeper fired after using hawk trap
Issue 70 Legal eagle
1
Prosecutions
cover story
G Shorrock (RSPB)
Liddell offered Egyptian vulture eggs for trade
2
The UK’s largest and
most significant
investigation of illegal
trading of birds’ eggs,
which started in 2008,
came to a dramatic end, as
prison officer Keith Liddell
changed his plea, in
mid-trial, to guilty.
RSPB Investigations
Officer Guy Shorrock
reports.
Inverness, pleaded guilty at Inverness Sheriff Court to 13
of the 16 charges he faced. He admitted 11 charges under
the Control of Trade in Endangered Species (Enforcement)
Regulations 1997 (COTES), relating to the purchase, sale and
offering for sale of birds’ eggs, and two charges under the
Wildlife and Countryside Act 1981 relating to the possession of
338 birds’ eggs. Eggs found were from many species of high
conservation concern, including Egyptian vulture, lesser kestrel,
osprey, black-throated diver and Slavonian grebe. Liddell was
sentenced to 220 hours of Community Service over a nine
month period.
On 15 March 2013, during the second week of trial at Inverness
Sheriff Court, 53-year-old Keith Liddell, of Holm Dell Drive,
The pace of follow-up enquiries in Scotland was initially
a little frustrating, but on 24 June 2009, Liddell’s
Legal eagle issue 70
The case came to light in August 2008, when e-mails relating
to trading in birds’ eggs were noticed by the employer of
a man named Seed. Seed’s house was raided in February
2009 and more than 2,000 eggs were discovered. I examined
the collection, data and other items. There were around
6,000 e-mails, and more than two-thirds of these were
correspondence with Liddell. Scanning through the e-mails,
it was soon apparent there were two individuals in Scotland,
plus others in the USA, who were actively exchanging eggs
with Seed.
Seed later pleaded guilty to 17 charges relating to possession,
trading and smuggling of birds’ eggs and received a ninemonth suspended jail sentence (see Legal eagle 62).
cover story
Prosecutions
I Thomson (RSPB)
WCO PC Aros Mathieson with eggs seized from Liddell
home in Inverness was raided by Northern Constabulary,
and another address was targeted by Lothian and
Borders Police. The Scottish authorities were highly
fortunate that Mr Seed, following a warning from Durham
Constabulary, had not contacted either of these individuals
in the intervening four months. In Lothian and Borders,
nearly 12,000 birds’ eggs were seized. This led to a suspect
appearing on petition facing 21 charges. Unfortunately, for
reasons not explained, the case was later discontinued
(see The ones that got away on page 4).
At Liddell’s home, 2,307 birds’ eggs were found. Most had
been hidden behind a bookcase in his loft. My colleagues
and I catalogued the eggs and some additional, related
material. It appeared Liddell had compiled his collection
from several sources. Eggs had been obtained by exchange
and also by direct purchase, with £225 apparently paid for
a European black vulture egg. Data showed eggs had been
taken between the 19th century and 2007. E-mails on Liddell’s
computer contained offers to trade eggs with Seed and two
men in the US.
After examining evidence from the three cases, intelligence
packages were prepared by the RSPB on suspects in the
US, Sweden, Australia and South Africa. This led to the
seizure of more than 6,000 eggs from three addresses
in Sweden. Evidence gathered from this raid led to the
seizure of more than 10,000 eggs in Finland. Related
enquiries are still ongoing.
In late 2011, the Liddell enquiry was taken over by
Kate Fleming, the Procurator Fiscal of the recently
formed Wildlife and Environmental Crime Unit of the
Crown Office and Procurator Fiscal Service (COPFS).
Her determined efforts and attention to detail were
instrumental in this case progressing to court.
Following several days of legal argument and evidence
from a number of witnesses, Liddell offered pleas on
most charges and agreed to forfeit his entire collection.
In sentencing Liddell, Sheriff Gordon Fleetwood said:
“This is a direct alternative to prison. I have to take into
account the number and seriousness of the charges, and that
you were aware that your activities were criminal, and balance
that with your previous good character.”
This is by far the most significant UK enquiry into the
illegal trading of birds’ eggs. While Seed and Liddell
appeared to be primarily traders, it was clear they were
prepared to trade with individuals taking eggs in the UK
and wider afield.
This enquiry generated a huge amount of work,
and the RSPB would like to thank all involved in
the investigation, those who attended the trial,
and in particular Wildlife Crime Officer (WCO)
PC Aros Mathieson from the former Northern
Constabulary, and Kate Fleming (COPFS).
Issue 70 Legal eagle
3
Prosecutions
The ones that got
The convictions of Liddell and
Seed (front page), and ongoing
enquiries in Scandinavia, are good
examples of what can be achieved
with determined partnership
working between statutory
and non-government agencies.
Unfortunately, since the start of the
investigation in 2008, there have
been many obstacles to overcome,
both in the UK and abroad.
Seed’s e-mails were discovered
about six months before his address
was raided, and it was then a further
four months before the addresses in
Scotland were targeted. The RSPB
believes better communication at the
outset could have led to co-ordinated
raids in UK, and possibly internationally.
The UK evidence indicated two US
suspects were extensively involved in
smuggling and trading of wild birds’
eggs contrary to the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES). It seemed likely that these
individuals held substantial collections.
In the absence of any updates, in
April 2012 the RSPB contacted the US
Fish and Wildlife Service. However, it
appeared the intelligence sent by the
National Wildlife Crime Unit (NWCU)
had been “mislaid”. It was re-sent by
the NWCU, but we were informed
that the CITES offences were now
time-barred under US legislation.
A UK supplier of Australian eggs
to Seed was identified from
intelligence held by the RSPB from
previous enquiries. Unfortunately,
there was insufficient evidence to
progress this. The matter was further
complicated by the conduct of a police
Inspector, which had to be resolved
by professional standards. Despite
requests for updates from the NWCU,
no information has been received from
the authorities in Australia.
On the day Liddell was raided in June
2009, nearly 12,000 eggs were also
seized from the home of another
suspect in Scotland. This collection
was catalogued by the RSPB, and it
appeared to have been acquired from
numerous Internet sources. There was
good-quality data for about a quarter
of the collection, which indicated more
than 2,000 eggs were held contrary
to the Wildlife and Countryside Act
1981 (WCA). Seed’s emails indicated
No US individuals were investigated for the smuggling of CITES eggs to the UK
away!
they had traded, and eggs believed to
have been exchanged were identified
in their respective collections. The
Scottish suspect also appeared to
have traded with Liddell, and acted as
an intermediary for the exchange of
eggs between Liddell and a foreign
egg collector. The suspect’s own
e-mails suggested the exchange of
eggs with a foreign collector, some of
which appeared to have been provided
with false data, presumably to improve
their trading value.
The response from the Lothian and
Borders Police, now Police Scotland,
was excellent, and officers were given
dedicated time to assist RSPB staff.
There was a good response from the
Procurator Fiscal and an individual
appeared on petition in 2010 in relation
to allegations under COTES and WCA.
However, following a long period of
apparent inactivity, at a meeting with
the Crown Office and Procurator Fiscal
Service (COPFS) in 2011, the RSPB
was informed the case was to be
discontinued on evidential grounds.
The main reasons supplied, believed
to be put forward by the defence,
appeared to show a fundamental
lack of understanding of COTES
regulations. A simple enquiry with
the UK Management Authority should
have quickly resolved these. The WCA
charges had also been allowed to run
out of time. Surprisingly, at the end of
the meeting, it was suggested that,
if the case was to be discontinued,
it would now be due to public interest
criteria. Despite further representations
from the RSPB, the case was
discontinued, though the reasoning
for this decision was not supplied.
Despite this very disappointing
outcome, the RSPB would like to
thank Detective Sergeants Philip
Richards and Stephen Morris, as
well as WCO PC Yvonne Smith
from Police Scotland, and Procurator
Fiscal Jonathan Barclay for their work
on the investigation.
4
Legal eagle issue 70
Prosecutions
PC Ashton
Cage trap baited with a live pigeon used by Allanson
Gamekeeper convicted of
using hawk trap
A routine Natural England assessment of a Site of Special
Scientific Interest (SSSI) ended with a gamekeeper in
court, and losing his job. PC Stewart Ashton of the North
Yorkshire Police reports.
On 21 February 2013, at Scarborough Magistrates Court,
Shaun Leslie Allanson, 37, from Priest Close, Hunmanby,
North Yorkshire, pleaded guilty to intentionally taking a
buzzard using a cage trap. He also admitted using a second
cage trap with a live pigeon decoy. Four other charges were
discontinued. Allanson was sentenced to a community order
of 120 hours’ unpaid work and ordered to pay £85 costs.
On 28 August 2012, Justine Clark, a management
conservation advisor for Natural England (NE), assessed
the SSSI at the Duchy of Lancaster’s Blansby Park estate,
just north of Pickering, North Yorkshire. In an area of
woodland, Ms Clark found a pheasant release pen containing
a large cage trap, where a buzzard was feeding on a pigeon.
The buzzard was released unharmed and the matter reported
to North Yorkshire Police.
I had already been gathering intelligence of raptor persecution
in the area, and visited the pen with the local WCO, PC Jez
Walmsley. The cage trap was large, but empty and unset.
But on closer inspection, we found, hidden in the centre
of the pen, a smaller cage trap with a live pigeon inside.
PC Walmsley had previously worked with the RSPB on
a similar case and it was clear that it was necessary to
establish if the pigeon had been deliberately placed there.
I made many visits to the pen over three weeks,
approaching via fields and woodland to avoid arousing
suspicion. I took photographs on each visit, and paid careful
attention to see if there were signs anyone else had visited
the pen. The photographs indicated the same pigeon was
present throughout.
On 16 October 2012, the home of the Blansby Park
gamekeeper, Allanson, was searched. Subsequently, he
was arrested and interviewed at Scarborough Police station.
He claimed the cage traps were used as hospital pens for
sick and injured poults. He said the pigeon in the smaller
trap was a wild bird that he had released numerous times,
but it kept returning on its own accord.
I contacted Guy Shorrock at the RSPB Investigations Unit,
and we visited the site together. He provided an expert
witness statement and further advice for the Crown
Prosecution Service (CPS). Allanson was subsequently
charged with six offences. The court was told that Allanson
no longer worked at the estate – he had been sacked.
The presiding magistrate, Philip Catterall, told Allanson:
“This court views wildlife crime very seriously. As an
experienced gamekeeper you were very wrong to get
involved in this activity.”
I would like to thank Justine Clark and officers from NE,
Guy Shorrock from the RSPB and Sarah Tyrer at CPS for
all their assistance.
Issue 70 Legal eagle
5
Prosecutions
Gamekeeper fined for
poisoning buzzards
Two poisoned buzzards lying next
to a bait laced with the banned
pesticide carbofuran led to the
conviction of a gamekeeper.
On 10 January 2013 at Lincoln
Magistrates’ Court, Robert
Hebblewhite, 71, of Church Side,
Appleby, Lincolnshire, was found
guilty, following a short trial, of killing
two buzzards. He had earlier pleaded
guilty to unlawful storage of an illegal
pesticide, carbofuran. Hebblewhite was
fined £1,250, including £500 for killing
the buzzards, and was ordered to pay
additional costs of £700.
Two dead buzzards were found by
a member of the public at Blyton in
Lincolnshire on 1 September 2011.
They were discovered next to a dead
pheasant on farmland used for pheasant
shooting. Lincolnshire Police were
alerted and the birds were recovered
by Natural England. Tests for the banned
pesticide, carbofuran, carried out under
the Wildlife Incident Investigation
Scheme (WIIS), proved positive.
The results clearly indicated that the
pheasant was a poison bait, and the
buzzards had died while feeding on it.
On 3 October 2011, Lincolnshire
Police, with representatives from the
RSPB and NE, searched the home of
gamekeeper Robert Hebblewhite.
A jar of carbofuran was found in a
van used by Hebblewhite for his
gamekeeping activities at Blyton.
When interviewed, Hebblewhite
acknowledged that buzzards were
present around his pheasant pens at
Blyton, but denied using carbofuran
to kill them, although he suggested
that he had kept the poison, and used
it, for rabbit control. Hebblewhite was
later charged with pesticide storage
offences and killing the buzzards.
Judge Stobart delivered a damning
indictment on Hebblewhite. He said:
“He deliberately placed the poisoned
pheasant to get rid of the buzzards in
a particularly old-fashioned and nasty
way.” He added that in this case it was
unfortunate that two buzzards had got
there first, but fortunately it wasn’t any
other creature or human. Finally he
added: “The world has changed since
you began as a gamekeeper, and had
anything similar happened in your
previous history then I would have
made an example of you, including
imprisonment.”
Historically, buzzards were absent
from much of eastern Britain due to
persecution. There are now around 240
pairs of buzzard nesting in Lincolnshire.
The species began to recolonise the
county in 1997.
The RSPB would like to thank WCO
PC Nick Willey, CPS prosecutor Mark
Holmes, NE, the Food and Environment
Research Agency (FERA); and the Health
and Safety Executive (HSE).
Mark Thomas (RSPB)
Hebblewhite (left) waits as carbofuran is seized from his vehicle
6
Legal eagle issue 70
Prosecutions
Out for a duck
PC Mark Goulding has been
seconded to the newly-formed
Natural Resources Wales as
full-time WCO. He took over from
recently-retired Sgt Ian Guildford.
PC Goulding reports on a recent
wildlife conviction.
The case began when local police
were involved in executing a drugs
warrant at Wheadon’s address, and
a small egg collection was discovered
under his bed. I was contacted as
WCO and arranged to have the
eggs identified by a local museum.
On 7 January 2013, Craig Wheadon,
41, of Clos Llawhaden, Barry,
South Glamorgan, pleaded guilty
at Cardiff Magistrates Court to
taking 25 mallards from a release
pen which was managed for
shooting, as well as the possession
of 35 wild birds’ eggs. He received
a conditional discharge.
During this investigation, I was
contacted by a representative of a
local shoot, who said that 25 mallards
had been taken from a release pen.
A mobile phone had been found
near a pond inside the pen. Once the
phone had dried out, the images on
the mobile showed that it belonged
to Wheadon.
He was brought in for interview in the
station’s custody suite, and admitted
possessing wild birds’ eggs, but denied
stealing the mallards. However, when
the formal interview had finished, the
suspect admitted taking four mallards,
and informed the officer it was alright to
say so, as the interview had finished. The
officer pointed out that the custody suite
had microphones in the ceiling!
Natural Resources Wales is a new
agency which brings together the work
of the Countryside Council for Wales,
Environment Agency Wales and Forestry
Commission Wales, as well as some
functions of Welsh Government.
George McCarthy (rspb-images.com)
Barn owls are Annex A
listed birds, and require
licences for sale
Pigeon
property puzzle
A company director has been cleared of kicking a pigeon
to death after police lost the bird’s body.
On 8 February 2013, at Perth Sheriff Court, Alan McIntee, 42,
of Errol Station, Perthshire, was cleared of kicking a pigeon
to death after a case lasting more than 16 months collapsed.
Following an incident on 26 September 2011 in Perth, McIntee
had admitted kicking the bird twice to “put it out of its
misery” after finding it injured. During an earlier hearing, the
court had heard that the Crown would not be able to produce
the pigeon, as its location was unknown. It had been seized
by the police and stored in a freezer. McIntee was found not
guilty after the Crown tried to change the charge against him
at the end of the prosecution evidence. Sheriff Lindsay Foulis
said it would be unfair to change the charge from threatening
and abusive behaviour to breach of the peace.
Barn owl
conviction
Six barn owl chicks were sold without the required licences.
The trader admitted his guilt, and was fined £1,000.
On 21 January 2013, Daniel Mourne, 33, of Boxwood Close,
Waterlooville, Hampshire, pleaded guilty at Portsmouth
Magistrates Court to selling six Annex A listed barn owl chicks,
in contravention of the COTES regulations. He was given a
£1,000 fine and ordered to pay £100 costs.
WPC Lyn Owen of the Hampshire Country Watch Scheme
interviewed Mourne after police had been informed about the
offence by the Animal Health Veterinary Laboratory Authority.
The lab reported that Mourne had applied for the relevant
licences, but sold six of his barn owl chicks between 6 and
30 July 2012, before licences had been granted.
This was the first case of this type for WPC Owen.
Issue 70 Legal eagle
7
Prosecutions
Hefty fine for
sett disturbance
A developer who ignored the law
regarding an active badger sett
ended up being fined £5,000 and
ordered to pay £1,200 in costs.
Former WCO Neil Hughes reports
on the case.
On 4 January 2013, Kuldip Singh
Kainth, 60, of The Broadway, Oadby,
Leicestershire, was found guilty at
Leicester City Magistrates Court on
two offences under Section 3 of the
Protection of Badgers Act 1992, relating
to damaging a sett and obstructing the
entrance. He was fined £5,000 and
ordered to pay £1,200 costs.
Kainth, a developer and factory owner,
renovated an empty bungalow in Anstey
Lane, Leicester. In the steep rear
garden, there was an active, one-hole
badger sett. Neighbours had regularly
seen badgers using the sett.
In March 2011, as the rear garden
was being cleared, neighbours
became concerned that the sett
would be affected. Dr Helen O’Brien,
Leicester City Council’s Nature
Conservation officer, went to the
address with badger expert, Dr Pam
Mynott. They saw evidence of an
active sett and contacted me. I spoke
with Kainth about the sett and gave
him legal advice. Rob Davies from NE
visited, and advised Kainth about the
need for a licence for works around
the sett. There was another sett nearby.
The badgers could be excluded from the
sett in the garden, because they could
use this alternative sett. Kainth applied
for a licence, but as he failed to provide
details of experts to carry out the work,
no licence was issued. Kainth had also
been advised that a licence would not
be issued during the breeding season,
December to May.
In January 2012, neighbours saw that
another sett hole had been excavated.
In early February 2012, workmen had
piled a large amount of rubble and soil
over one hole and covered the second
with a board. Police attended with
Dr Mynott and Dr O’Brien. Evidence
was found of recent badger use in
the garden and on instruction by the
police, the rubble was removed by
the workmen.
On 26 March 2012, Kainth attended for
a voluntary interview. He accepted he
had not obtained a licence but said that,
as he had not seen any badgers in the
garden, he thought they had gone away.
In court, he claimed that the men were
not working for him, and no-one saw
who placed the rubble, even though
evidence showed it was put there
between 6 and 8 February.
The judge commented on Kainth’s
prosecution by the Environment Agency
in August 2012 for the illegal dumping of
waste at another of his properties, and
his cavalier attitude to environmental
licensing. They were also reflected in
his sentence. This was an excellent
result, and I am grateful for the work
of all the agencies involved. Kainth has
since appealed against his conviction.
8
Legal eagle issue 70
David Kjaer (rspb-images.com)
A developer had a “cavalier attitude” to environmental licensing, which resulted in sett disturbance
Prosecutions
Bob Elliot (RSPB)
Eggs seized at Potter’s home
The wheel turns for Potter
A trail left on the Internet auction
site, eBay, led to the conviction of
a Huddersfield man for offences
relating to wild birds’ eggs. Andy
McWilliam of the NWCU reports.
On 10 January 2013, Terence Potter, 55,
of Carr Hill Road, Upper Cumberworth,
West Yorkshire, pleaded guilty at
Huddersfield Magistrates Court to
nine charges under the Wildlife and
Countryside Act 1981. These included
six specimen charges of taking birds’
eggs, two charges of possession of
587 birds’ eggs (including 39 Schedule
1 species), and possessing articles to
commit offences. He also pleaded to
failing to comply with the conditions of
his shotgun licence.
Potter pleaded guilty at the earliest
opportunity. He was given a two-year
conditional discharge, and ordered to
pay £85 costs. All eggs and equipment,
as well as Potter’s shotgun, were
forfeited. Although Potter admitted
importing eggs from Norway, including
species covered by CITES regulations,
there was insufficient evidence to
support an offence under the Customs
and Excise Management Act 1979.
The case started during an investigation
in Cleveland, when the NWCU gleaned
intelligence suggesting an eBay trader
from the Huddersfield area possessed
wild birds’ eggs. Enquiries with eBay
led to Terence Potter, and records
showed he had been buying articles
and specialist books which corroborated
the information.
On 22 June 2012, West Yorkshire Police,
assisted by the RSPB and me, executed
a search warrant at Potter’s home, while
Potter was in Norway. More than 1,000
birds’ eggs were seized, along with
articles associated with the taking and
possession of birds’ eggs, including an
“egg blowing” kit, and a shotgun was
found in an insecure cabinet.
had been passed on to him. But,
during the interview, he changed tack
and admitted taking eggs in the last
two years. He was released on police
bail, but later in the day he called me
and admitted he hadn’t been totally
honest, and wanted to “come clean”.
Arrangements were made for another
interview, during which Potter identified
every egg and said where it had come
from. The collection was a mixture of
genuinely old eggs, eggs imported
from Norway, and eggs he had taken
from nests himself. He admitted having
taken 183 eggs from UK nest sites
during 2011 and 2012.
On behalf of the NWCU, I would
like to thank DC Bryan Butterworth
for his commitment during this
investigation and the RSPB for
their assistance and support.
After Potter’s return from Norway, he
went to Huddersfield Police Station by
appointment and was arrested. He was
interviewed by DC Bryan Butterworth
and me. Initially, Potter claimed that
his collection of eggs was old, and
Issue 70 Legal eagle
9
Prosecutions
Goshawk for sale,
plus two free rings
A raptor breeder ended up in court
because he failed to fit close rings on
a bird, and issued a false statement
to obtain a licence. Andy McWilliam
of the NWCU reports.
On 17 January 2013, Thomas Graham,
52, a falcon breeder from Thorp
Perrow, Bedale, North Yorkshire,
appeared at Harrogate Magistrates
Court and pleaded guilty to making
a false statement to obtain an Article
10 Certificate. He also admitted the
prohibited sale of a goshawk, an Annex
A species, contrary to COTES. Graham
was fined £300 and was ordered to pay
£100 costs.
In February 2012, a falconer from North
Yorkshire advertised a male goshawk for
sale on an Internet site. The goshawk
was the first bird he had ever kept, and
on his own admission he was a novice
to falconry. A prospective buyer came
to view the bird and noticed that the
number of the close ring fitted to the
leg did not match the bird’s registration
document. It also came to light that
the keeper had never been provided
with an Article 10 Certificate. The advert
was immediately withdrawn and the
Yorkshire falconer contacted the bird’s
previous keeper in Cleveland, who
posted him the correct leg ring.
a female leg ring, neither of which were
fitted to the bird. He admitted that there
had been no A10 Certificate at the time
of the transaction. He stated that he
had tried to fit the rings, but could only
get the female ring onto the bird’s leg.
Given his previous good character and
his full and frank admission, the CPS
decided that he should be cautioned
for the prohibited purchase and then
sale of an Annex A species.
Interestingly, AHVLA records
showed that Graham had applied
for the A10 Certificate after he had
sold the goshawk. His application
indicated the bird had been fitted with
the male close ring. In October 2012,
I interviewed Graham with PC Julian
Sutcliffe of the North Yorkshire Police.
He claimed that the bird had been gifted
and not sold, but he acknowledged he
had applied for an A10 using a close
ring that had never been fitted to a bird.
We were able to trace the female parent
of the goshawk and obtain buccal swabs
for DNA profiling. Results
showed that Graham had
bred the bird at the centre
of this investigation.
The NWCU would
like to thank PC Jon Dixon (Cleveland)
and PC Julian Sutcliffe (NYP) for their
assistance in this case.
RSPB comment: These
enquiries show the inherent value
of the Schedule 4 bird registration
scheme under the Wildlife and
Countryside Act 1981. The audit
trail held by AHVLA allows the full
history of the bird to be established
and relevant birds located for DNA
profiling enquiries.
The goshawk
illegally sold by
Graham
The keeper reported the matter to
Defra’s Animal Health and Veterinary
Laboratories Agency (AHVLA), which
referred the matter to me. I visited the
keeper and took buccal swabs from the
goshawk for DNA profiling. I also took
the close ring, which had never been
fitted to a bird. The close ring on the
goshawk’s leg and the unused close ring
were both traced back to raptor breeder
Thomas Graham.
10
Legal eagle issue 70
NWCU
In July 2012, with PC Jon Dixon of
Cleveland Police, I interviewed the
previous keeper, a 54-year-old man
from Cleveland. He admitted buying
the goshawk as a chick from Graham
in May 2009 for £500. He stated that
he had been supplied with a male and
Prosecutions
SNH staff
searching the
River Lyon
Alan Stewart
SNH: pearl mussels are
“on the brink”, even in their
Scottish stronghold
PARTNERSHIP FLEXES ITS
MUSSELS
Alan Stewart, Intelligence Officer at the NWCU, reports
on the outcome of a significant freshwater pearl mussel
case described as “an ecological disaster”. The case
started when Alan was in his former post, as Tayside
Police’s WCO.
Prosecutions relating to freshwater pearl mussels (FWPM)
are rare. People typically think they are taken from a river in
search of an elusive pearl. In recent years, in Tayside at least,
the endangered mollusc has been at far more risk from illegal,
or sloppy, river engineering.
On 23 August 2010, I was contacted by Scottish Natural Heritage
(SNH). It had been contacted by the Scottish Environment
Protection Agency (SEPA) regarding extreme silting of the River
Lyon, in Highland Perthshire, from a mini hydro scheme on the
Inverinain Burn. In addition to the SEPA investigation, we were
concerned that the FWPM population might be badly affected.
Recent surveys had recorded the presence of FWPM, including
juveniles, in the River Lyon. Iain Sime, a FWPM expert from
SNH, informed us that this was a very important population.
The following day, PC Steve Band and I, along with Iain Sime
and others from SNH, and Brendan Craig, investigating officer
with SEPA, together with some of his colleagues, visited the
River Lyon. We were devastated by what we found: a thick layer
of fine silt several centimetres deep covered the bed of the river
from the Inverinain Burn downstream for hundreds of metres.
Iain and his SNH colleagues spent hours in the freezing river
searching for and photographing evidence. They found colonies
of large mussels that were not siphoning properly because of
the silt, and concluded that the smaller immature mussels would
be completely covered and effectively suffocated. It was an
ecological disaster, albeit localised.
Consistent rain delayed more searches, but on 12 October, SNH
staff found a large percentage of the mussels were closed and
therefore not filter feeding. It was the opinion of SNH that as a
result of the silt, mussels had been injured and killed, and their
habitat damaged.
Separate cases were submitted to the specialist wildlife and
environment Procurator Fiscal by Tayside Police and SEPA.
Wildlife and pollution offences were reported against two
companies and their directors. A prosecution for pollution
offences proceded, and, included in those charges, was the
narrative of causing damage to the river bed and killing and
injuring FWPMs. On 18 February 2013, Shawater Ltd, which
designed the project, pleaded guilty to permitting the pollution
to occur, and at Perth Sheriff Court, it was fined £4,000.
The court was told it was unclear how long it will take for
the FWPM population to recover, if at all.
Sentence was deferred for Alan Smith, a director of
sub-contractor A & C Construction Ltd, and for Charles Kippen,
also a director of this firm, and of Chic Kippen & Sons. Both
individuals admitted causing pollution which killed and injured
pearl mussels. On 19 March, Kippen was fined £5,000 and
Smith £6,000, though Smith’s fine also took into account
another pollution-related incident at Dalmally, Argyll.
I would like to thank all the agencies involved. The case provides
a classic example of effective partnership working, with each of
the various partner agencies bringing their specialist skills to the
investigation, and with consultation with the specialist wildlife
prosecutor from the outset.
Issue 70 Legal eagle
11
Prosecutions
Bird trapper jailed
Illegally trapped finches and animals
kept in very poor conditions led to a
jail sentence for a Derbyshire man.
Inspector Carroll Lamport of the
Royal Society for the Prevention of
Cruelty to Animals (RSPCA) reports.
On 11 March 2013, Russell Yates,
42, of Peveril Road, Tibshelf, was
sentenced at Chesterfield Magistrates
Court following an earlier guilty plea to
21 charges. These included offences
under the Wildlife and Countryside
Act 1981 relating to the keeping and
trading of wild finches, and causing
unnecessary suffering to birds and
dogs under the Animal Welfare Act
2006. Following sentencing reports,
he was sentenced to 18 weeks in
prison, ordered to pay £1,000 costs,
and banned from keeping all animals
for 12 years. He is unable to appeal
against the ban for at least six years.
Yates came to attention through
intelligence and advertisements in
the magazine Cage and Aviary Birds.
On 10 February 2012, a warrant was
executed at his home by Derbyshire
Constabulary. Officers were assisted
by RSPCA staff. Entry had to be forced
after Yates refused entry.
Despite Yates denying any offences, a
rucksack stuffed behind the television in
the lounge was soon found. It contained
traps, live decoy birds and nets. It
appeared the equipment had just been
prepared for a bird trapping expedition.
He was found to have some 60 wild
birds in cages in his bedroom, 10 of
which had died. The conditions were
very poor. Some of the birds were
fitted with tampered rings ready
for sale and there was a lot of ring
tampering equipment. We found
documentary evidence to show that
he was part of an illegal bird trapping ring
centred around the Chesterfield area
of Derbyshire. This has led to a number
of other enquires.
In addition to the wild birds, he had
seven dogs, which were kept outside
in very low temperatures. One had died,
and the others were suffering from
untreated conditions to teeth and eyes.
12
Legal eagle issue 70
Yates was arrested and interviewed.
He admitted trapping some of the birds
found, and illegally ringing and selling
them. Yates signed all the birds over.
All the live birds were successfully
released back into the wild.
He felt he had done nothing wrong
with his dogs and pigeons, and
showed no remorse whatsoever.
In summing up, the judge stated that
this was a serious catalogue of total
disregard for animals. He found the
video footage taken during the raid
particularly disturbing.
I would like to thank the
Derbyshire Constabulary for their
assistance in this investigation,
and in particular WCO PCs Adam
Galley and Emerson Buckingham.
RSPCA
A number of dead finches were found at Yates’ home
Two had to be humanely destroyed
due to their condition, but the remaining
four made a good recovery and were
later re-homed. There were also many
racing pigeons suffering from untreated
injuries. These were also re-homed.
News
J Leonard (RSPB)
The noose jacket seized from Platt shown fitted to a live pigeon
Pigeon fancier
A pigeon fancier has been convicted
after being found in possession of
specialised home made equipment
designed to ensnare and later kill
birds of prey.
On 17 January 2013, Robert Platt, 54,
of Bryn Bank, Wallasey, Merseyside,
appeared before Wirral Magistrates
Court in a case brought by the RSPCA.
He pleaded guilty to the possession
of “hawk catching jackets”, two cage
traps and a clap net, contrary to Section
18(2) of the Wildlife and Countryside
Act. He also admitted a charge of
failing to meet the welfare needs of a
magpie, contrary to the Animal Welfare
Act 2006, by keeping it in an unset
Larsen trap. He was given a two-year
conditional discharge, and ordered to
pay £2,000 costs.
RSPCA officers were told that a net,
believed to be used for trapping wild
birds, was spotted at Platt’s allotment
in Birkenhead. On 20 December 2011,
the Merseyside Police, assisted by the
snared
RSPCA, executed a warrant at Platt’s
home. In an outhouse, they found
bird-trapping equipment, including cage
traps, a clap net and three hawk-catching
jackets. They also found a magpie,
confined in an unset Larsen trap.
The jackets were passed to James
Leonard of the RSPB Investigations
Section. He provided an expert witness
statement, based on his experience
of work on wild raptors and enquiries
into offences by pigeon fanciers. There
were three leather jackets, one fitted
with nooses, another had fishing hooks
attached and the third was in a state
of preparation. Photographs were
taken to show how the jackets would
fit a live pigeon.
Extensive internet enquiries by the
RSPB has established such devices
were being used by some individuals
in the pigeon-keeping community. The
jackets are used to target birds of prey,
and are innocently referred to as “antimating jackets” to disguise their true
purpose. The jackets fit a live pigeon,
which is then released. When caught
by a bird of prey, the raptor is either
bound to the pigeon, or injured, or both.
In either case, the bird is prevented
from hunting, ultimately leading to the
death of the bird.
This is the first time such devices
have been discovered during
an investigation.
In court, Platt’s defence stated he
had received the pigeon jackets from
another person, they had been in a
locked drawer for 12 months, and
there was no intention to use them.
District Judge Michael Abelson said
video footage recorded at the scene
showed the magpie appeared to be in
distress and the area where the animals
were appeared pretty run down.
The RSPCA have expressed their
thanks for the agencies that assisted
with the investigation.
Issue 70 Legal eagle
13
News
Farewell to a true wildlife
crime hero
Finlay Christine, former WCO and supporter of the Mull
Eagle Watch, passed away on 26 December 2012. His
friend, and former RSPB Investigations officer, Dave Dick,
reflects on his work.
During my lengthy spell as an Investigations Officer for the
RSPB, I met and worked with hundreds of UK police officers
– but only one Finlay Christine. By the time I met him he
had already made what must have been one of his life’s
best decisions. He had moved to the Island of Mull. After an
interesting career with Strathclyde Police in central Glasgow,
including working in the Armed Response Unit, he moved
from city to island village life, with his young family.
It was not too surprising that he should have been a major
player in Mull’s first major egg theft capture and conviction.
As with most rural Scottish beats, Mull has very few
policemen to cover a vast area, but he was fascinated by
the wildlife around him. What made Finlay different was his
unending enthusiasm and energy in pursuing what could
so easily have been just another rather strange segment of
his working life. I was always delighted to discover a police
officer who really cared about wildlife protection.
As our work together developed, and he saw the extent of
the attacks on wildlife taking place – in his case, attacks on
the spectacular eagles of Mull – Finlay went beyond getting
angry. He got organised!
I’m proud to have worked with him as he badgered senior
staff into giving what were then unique resources to
Operation Easter on Mull. He turned it from an ad hoc
emergency response to egg theft into a well-organised, small
army of volunteers, with a rota of serving police officers from
all over the UK. Finlay was rightly recognised for this work and
received the RSPB Presidents’ Award.
In later years, as the Mull Eagle Watch grew into a selfsustaining annual event, I had less and less excuse to get
over there, a sure sign of his success. When I bumped into
him at conferences, or attended his highly entertaining talks,
I always enjoyed Finlay’s company.
On a personal note, it was his readiness to laugh that I will
always remember. Finlay was a true professional, and a
wonderful human being.
14
Legal eagle issue 70
Guy Shorrock (RSPB)
PC Finlay Christine with
equipment seized from
collectors after white-tailed
eagle eggs
The RSPB would like to pay tribute to the contribution
made by Finlay to white-tailed eagle conservation.
We send our sincere condolences to his wife Sacha,
family and friends.
News
Government misses chance
to turn up the heat on wildlife criminals
The Government has ignored
the advice of a committee of MPs
by refusing to provide long-term
financial security for the NWCU.
It has also refused to implement
some simple recommendations
to turn up the heat on wildlife
criminals in England and Wales.
In October 2012, the Environmental
Audit Committee recommended a
range of measures to help tackle
international poaching, trade in elephant
ivory and other animal products, and
to improve the way wildlife crime is
tackled in the UK. The Committee’s
recommendations included:
• tightening controls on poisons used
to kill birds of prey, allowing offences
of possession to be linked to tougher
sentences,
• introducing an offence of
“vicarious liability” to make
landowners responsible for wildlife
crimes on their land,
• providing long-term Home Office and
Defra funding to the National Wildlife
Crime Unit, which sets strategy across
all agencies involved in the UK.
The Government has rejected these
recommendations, though it has
accepted others.
Chair of the Environmental Audit
Committee, Joan Walley MP, said:
“The Government has missed an
opportunity to take two simple measures
to protect important wildlife threatened
by poachers and criminals in the UK.
It has failed to follow Scotland’s lead in
criminalising possession of carbofuran
– the main poison used to kill birds of
prey. And it has refused to provide the
long-term financial certainty that the
NWCU needs, only making money
available for the next twelve months.”
Martin Harper, the RSPB’s conservation
director, said: “Despite ministerial
assurances that tackling wildlife crime
is a ‘core priority’, and the Government
being given a clear roadmap by a
group of MPs about how to tackle
wildlife crime, Ministers have ignored
these recommendations.
allow landowners to be prosecuted for
crimes committed by their employees
and make a real difference to tackling
bird of prey persecution.”
The Association of Chief Police Officers
supported vicarious liability in its
evidence to the Committee, and the Law
Commission is considering the merits of
such an approach in England and Wales.
Martin Harper added: “We urge
Ministers to give careful thought to
the Law Commission’s forthcoming
recommendations on reforming and
strengthening wildlife laws in England
and Wales.”
Last year, just one pair of hen harriers
nested successfully in England, when
there is sufficient and suitable habitat
for at least 330 pairs. Martin Harper said:
“The Government has committed to avoid
any human-induced extinction of species
before 2020. Losing hen harriers as
breeding birds from England would
see it fail to keep that promise.”
“We’re also very disappointed by the
Government’s response to introducing
vicarious liability legislation, which would
Guy Shorrock (RSPB)
The Government has failed to
introduce measures that would
help hen harriers
Issue 70 Legal eagle
15
News
A Firth (RSPB)
This was the third buzzard in this cage
trap, and was later released by the RSPB
Gamekeeper cautioned
A gamekeeper from south west
Northumberland was cautioned
by Northumbria Police in February.
Covert surveillance by RSPB
Investigations showed he had failed to
attend and properly check a crow cage
trap over a 15-day period in December
last year. At one point, the trap had
three buzzards trapped inside.
The RSPB was alerted by a member
of the public in December 2012 about
a cage trap in Northumberland.
RSPB staff visited the trap, which
contained two buzzards. Cage traps can
be used legally under the terms of the
open General Licence to catch crows,
16
Legal eagle issue 70
but must be checked at regular intervals
of not more than 24 hours. Anything
caught that is a non-target species,
such as birds of prey, must be released.
A camera was installed to check
compliance with the licence conditions.
Later that day the camera recorded
a third buzzard entering the trap, and a
short while later two passing members
of the public managed to release the
first two birds. When the RSPB staff
serviced the camera, they released the
third buzzard, unharmed, and continued
to monitor the trap. The video footage
ultimately showed that the cage trap
operator had failed to make any visits
over the fifteen-day filming period.
The trap operator admitted, during
a police interview, that he only
occasionally checked the trap from
a roadside and that this was an
inadequate distance from the trap.
WCO PC Colin Heath of Northumbria
Police, who led the investigation,
said: “We will continue to work
closely with the RSPB to promote
and protect our wild birds and to
deal with offenders accordingly.
The trap operator is now well aware
that offending again may have much
more severe consequences.”
The RSPB would like to thank WCO
Colin Heath for his work on this case.
News
Police and Crime Commissioner commits
to tackling wildlife crime
Derbyshire Police and Crime Commissioner, Alan Charles,
has met with the RSPB and re-iterated his manifesto
pledge to tackle wildlife crime and cruelty to animals.
The RSPB expressed particular concern about the future of
bird of prey populations in the High Peak, following a number
of persecution incidents over the years. These have left
goshawk and peregrine populations hanging by a thread.
Mr Charles said: “I am determined that Derbyshire Police
should provide a robust response to incidents of wildlife crime
reported to us. We should all be able to enjoy the fantastic
spectacle of birds of prey like peregrines, goshawks and
buzzards soaring overhead when we are out enjoying the
beautiful Derbyshire countryside. Those who destroy these
amazing birds are diminishing our quality of life.”
The Derwent Valley has been subject to a catalogue of
bird of prey persecution incidents in recent times, involving
the shooting, trapping and nest destruction of protected
birds. In one of the most recent incidents, in May last year,
a goshawk’s eggs were smashed in the nest just days
from hatching. The RSPB has offered a £1,000 reward
for information leading to a conviction, but the culprit
has not been found.
Duncan McNiven, Senior Investigations Officer for the
RSPB, said: “We are very grateful to Mr Charles for turning
his manifesto pledge into a solid commitment in the draft
Police and Crime Plan for Derbyshire. We consider Derbyshire
Police to be one of the best police forces in the country for
the way it responds to wildlife crime incidents through its
network of Wildlife Crime Officers (WCO). We hope that
the force can build on this success in the future under the
Commissioner’s guidance.”
In 2011, Derbyshire Police led the way in prosecuting a
gamekeeper for using a caged pigeon to lure birds of prey
to a trap in the Derwent Valley. The RSPB supplied the crucial
video evidence in the case.
The RSPB is continuing to meet with PCCs in key areas of
the country where we believe that bird of prey persecution
is a serious issue. We hope that they will all show the same
commitment to tackling wildlife crime as Mr Charles.
Goshawks continue to be persecuted in Derbyshire
Mark Hamblin (rspb-images.com)
Issue 70 Legal eagle
17
News
PAW Seminar news
On 12 February 2013, the annual Partnership for Action Against Wildlife Crime (PAW) seminar took place at the Royal Botanic
Gardens in Kew. Delegates heard about the wide range of work being undertaken across the partnership.
The Director of the Botanic Gardens, Richard Deverell, launched
Kew’s new User’s Guide – CITES and Cacti. This is the fifth in a
series of user-friendly tools for training CITES enforcement.
Maps showing bird of prey poisoning incidents in England
and Wales between 2007 and 2011 were shown. These
had been produced by the PAW England and Wales Raptor
Persecution Priority Delivery Group, and follow similar work
in Scotland. More information about the maps can be found at
defra.gov.uk/paw. The RSPB, which has been producing these
types of map for more than 20 years in their annual Birdcrime
report, welcomes this initiative and hopes they can be expanded
in future to include other forms of raptor persecution.
The 2012 PAW Partner of the Year Award was presented by
Tom Huggon of Browne Jacobson solicitors, who sponsor
the award, to the World Society for the Protection of Animals
(WSPA). This award is given to a partner organisation which
has made an outstanding contribution to wildlife protection
during the previous year. There were three strong nominations,
but WSPA impressed the judging panel most because of
one particular project. When the Metropolitan Police Wildlife
Crime Unit was facing possible closure due to financial cuts,
WSPA put up £100,000, provided it was match funded. This
offer was accepted, thus ensuring the excellent work of the
unit continued. WSPA had also done a great deal of working
for protection, including campaigning, giving evidence to the
Environmental Audit, and profile-raising meetings about illegal
international trading.
18
Legal eagle issue 70
Guy Shorrock (RSPB)
Tom Huggan (centre) presents the PAW Partners of the Year 2012 to WSPA
News
Courtesy of Beds Police
Wildlife DNA sampling kit
Lush with success
The Lush cosmetics company has
agreed to help fund a number of
wildlife forensic projects, through the
PAW Forensics Working Group (FWG).
In 2012, FWG applied to Lush for
funding, and recently received
notification that £10,000 had been
awarded to support three projects. The
main one was to update the publication
Wildlife Crime: A guide to the use of
forensic and specialist techniques in
the investigation of wildlife crime,
originally issued in 2005. Members of
FWG are undertaking this work and it
is hoped this will be published later in
2013. The remainder of the money will
go towards supporting the Forensic
Analysis Fund (FAF) as well as the
production of DNA sampling kits.
the field. They are also designed
to avoid waste. Only items that are
required are used, and the kits can
be re-stocked after use. The cost will
be about £10 for a full kit, and less if
only the contents are required. Contact
Bedfordshire Police to request a kit:
kam.dhillon@bedfordshire.pnn.police.uk.
The DNA wildlife kits are designed
to be user-friendly practical kits for
sampling and evidence gathering in
Visit tracenetwork.org/pawforensics
to learn more about the work of FWG.
Issue 70 Legal eagle
19
News
Aliens not welcome
Five species of invasive non-native aquatic plants
are to be banned from sale, the UK government
has announced. In the first ban of its kind,
officials hope the move will save money and
help protect vulnerable habitats.
Environment Minister Richard Benyon said tackling the impact
of invasive species costs £1.7bn each year. “Tough laws to
curb the sale of these plants could save the country millions
of pounds as well as protecting wildlife such as fish and
native plants,” said Mr Benyon.
The plants to be banned from April 2014 are water fern,
parrot’s feather, floating pennywort, water primrose and
Australian swamp stonecrop.
This is the first time that non-native plants have been banned
from sale in England. These species have previously been
listed on Schedule 9 of the Wildlife and Countryside Act 1981,
but only to prohibit release of the plants into the wild.
New WCO for Cumbria
PC Helen Felton has taken over the reins as full-time WCO
for Cumbria Constabulary, and is looking forward to her
new role.
In December last year, after a good retirement send off do
for John Shaw, I took over the role of Wildlife, Rural and
Environmental Crime Co-ordinator for Cumbria Constabulary.
For those that don’t already know, my name is PC Helen
Felton and yes … I am aware of the large shoes I have to fill!
I have been with Cumbria for nearly five years, and during
that time, alongside being a Response Officer, I have worked
within the Custody Investigation and Problem Solving Teams,
which has given me a good grounding for the challenges this
role will, no doubt, present. My interest in wildlife and the
environment has, until now, been something I have enjoyed
PC Helen Felton loves the wildlife
of Cumbria, and is keen to tackle
wildlife crime in the county
20
Legal eagle issue 70
outside work. I’ve lived in rural Cumbria almost all my life,
and I have been fortunate to enjoy everything it has to offer.
Any time you manage to tear me away from that, it will be
on a trip motivated by the wildlife I can find there.
It’s been a very busy couple of months, finding my feet,
and trying to get out to meet everyone. Alongside this, there
have been incidents and cases that are helping me get to
grips with what this role involves. I am keen to build on the
work that John started, including raising the awareness of
wildlife crime, and enhancing the partnership working he
established. The “Shine a Light” on Wildlife Crime and recent
“Off Roading” campaign we ran, in conjunction with the Lake
District National Park Authority and Forestry Commission,
have provided me with the opportunity to do just that.
International
RSPB (rspb-images.com)
More than a quarter of the white-tailed eagles released in Ireland have died
Two more white-tailed eagles
suspected poisoned in Ireland
Another two white-tailed sea eagles have been found dead
– which means that more than a quarter of the birds of
prey introduced to Ireland have now died. These two were
introduced to the Killarney National Park from Norway as
part of the raptor reintroduction programme during the
past five years. Twenty-six of the 100 birds have now been
recovered dead, twelve of them poisoned.
Poisoning has been confirmed in the case of a female bird
found near Glengarriff, County Cork, on 18 January. A second
bird found at Derrynane, on the Ring of Kerry, is being analysed
to determine cause of death.
The hundred white-tailed sea eagles were released in Killarney
National Park in County Kerry, to try to re-establish the oncenative birds to their former range. The first breeding attempt
of reintroduced birds took place on Lough Derg, County Clare,
in 2012. Six pairs could potentially nest in 2013.
Project manager, Dr Allan Mee, has appealed for vigilance and
protection for the birds. He said: “As we are no longer releasing
birds into the wild it is vital that we now start producing our
own chicks in the wild to replace any birds that are lost, and
maintain the population. We are hoping that this year will be
a milestone for the reintroduction project.”
Jimmy Deenihan, Minister for Arts, Heritage and the Gaeltacht,
said: “The poisoning of an eagle in County Cork is very serious.
Eagles are protected by law, they are majestic birds of prey,
and their reintroduction to Ireland is an important and very
worthwhile project. My department is providing any assistance
it can to the Gardaí in the investigation of this matter.”
Issue 70 Legal eagle
21
International
Courtesy of Green Balkans
Two Bonelli’s eagles intercepted
with fake documents
Bulgarian CITES conviction
On 27 March 2010, officers at the Vidin ferry checkpoint
prevented the export of two Bonelli’s eagles, which were
accompanied by fake documents.
These are extremely rare breeding birds in Bulgaria, and are
listed on EU CITES Annex A. The person with the birds falsely
claimed he worked for a Bulgarian conservation organisation,
the Green Balkans (greenbalkans.org).
In February 2013, in the district court of Vidin, following an
appeal from a case in 2012, a new hearing began. The appeal
was overturned, and the exporter was sentenced to two
years’ imprisonment, with three years’ probation and a fine
of approximately 3,000 Levs (about £1,300).
Another investigation into the same individual,
in relation to a peregrine falcon, is ongoing.
Airport action for CITES
A great deal of the trade in endangered species
comes through our airports, so Scottish Wildlife
Crime Officers and UK Border Force Officers teamed
up at Aberdeen International Airport during the Easter
period to raise awareness of CITES offences. Andy
Turner, Wildlife Crime Education Officer for Police
Scotland, explains what went on.
The purpose of our airport event was to raise awareness of
the illegal trade in endangered species among passengers.
22
Legal eagle issue 70
The launch focused on the trade in traditional Asian medicines,
meat and food products and tourist items. Items for display
were supplied by the NWCU, and images and information
leaflets kindly provided by the International Fund for Animal
Welfare (IFAW).
The event generated a great deal of interest from passengers,
airport staff and the media, with coverage on regional TV and
radio. It is hoped a more permanent CITES display case can be
approved for the terminal.
International
ELEPHANT
POACHING
CRISIS IN
AFRICA
At least
86 elephants,
including 33
pregnant females,
were killed in less
than a week
Poachers have killed more than 11,000
forest elephants in Gabon since 2004,
it has been claimed.
The research, released in February 2013, has been carried
out by the Gabonese national parks agency (ANPN), with
the World Wide Fund for Nature (WWF) and the Wildlife
Conservation Society (WCS).
The country is home to more than half of Africa’s 40,000
forest elephants, which are prized for the quality of their
pink-tinged ivory. Campaigners said the situation was out of
control, and blamed high demand for ivory jewellery in Asia.
Bas Huijbregts from the WWF said authorities were
struggling to cope with the problem. He said: “It is very
difficult to track poachers here.”
Almost simultaneously, news emerged from neighbouring
Chad. At least 86 elephants, including 33 pregnant females,
had been killed in less than a week. It is thought the
animals were killed by Chadian and Sudanese poachers
travelling on horseback carrying AK47s and hacksaws to
remove the tusks.
In March, an INTERPOL report to identify the drivers and
scale of the illegal online trade in ivory revealed hundreds
of items worth approximately EUR 1.45 million for sale on
Internet auction sites across nine European countries during
a single two-week period.
Details of 660 advertisements on 61 auction sites were
analysed by specialist national agencies and departments
and were estimated to represent a total volume of around
4,500 kg of ivory.
A report, Elephants in the Dust, was released in time to
coincide with the CITES Conference of the Parties in March
2013. It stated that increasing poaching levels, as well as loss
of habitat, is threatening the survival of African elephant
shutterstock.com
“The poachers killed pregnant females and all the calves,”
said Celine Sissler-Bienvenu from IFAW. “Even if the
conditions were right, which they are not, it would take
more than 20 years for this population to recover.”
Poaching of forest elephants
is out of control in Gabon
populations in central Africa, as well as previously secure
populations in west, southern and east Africa.
At sites monitored that hold approximately 40 per cent of
the total elephant population in Africa, an estimated 17,000
elephants were illegally killed in 2011. Initial data from 2012
shows that the situation has not improved. Indeed, overall
figures may be much higher.
At the CITES meeting, strategic decisions were adopted
on actions to address the elephant poaching crisis and
the escalating illegal trade in ivory.
Issue 70 Legal eagle
23
and finally…
PAW
Guy Shorrock (RSPB)
Craig Fellowes receiving
a WWF Lifetime
Achievement Award
in 2009
Craig Fellowes
- a record-breaker!
Craig Fellowes, the Environmental
Crime Officer for Warwickshire Police,
retired on 9 April 2013. We believe he
was the longest-serving WCO, as he
began in 1985. He has been to every
Wildlife Enforcers Conference, except
the first one in 1990. This year he
will have attended 24, and he said
it won’t be his last!
Craig’s first wildlife case, in 1983, was
the prosecution of a badger digger from
Wigan. Craig said: “Everything to do
with wildlife came my way after that.”
During the 1990s, Craig was involved
in the prosecution of a gang of egg
collectors. Other important cases
included the largest seizure of ivory in
the UK, and the release of non-native
crayfish in an SSSI. Craig is best known
for running the National Police Wildlife
Crime Officers’ Foundation Course,
now at Bramshill. He organised the first
training course in 1996. Next year, it will
have welcomed a thousand students!
Craig is an active PAW member, and
has been the UK police representative
at international conferences. He was
awarded the WWF lifetime achievement
award in 2009 for his huge contribution
to wildlife law enforcement. He is
a strong advocate for multi-agency
working. “We can’t do wildlife policing
without partners,” Craig says.
The RSPB wholeheartedly agrees,
and we thank Craig for his support
and friendship over the years, and
wish him well for the future.
PAW is The Partnership for Action
Against Wildlife Crime, a multi-agency
body comprising representatives
of the organisations 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 Revenue and Customs and the UK
Border Agency.
Please visit defra.gov.uk/paw
for more information.
The RSPB
UK Headquarters
The Lodge, Sandy, Bedfordshire SG19 2DL
Tel: 01767 680551
Scotland Headquarters
2 Lochside View,
Edinburgh Park, Edinburgh EH12 9DH
Tel: 0131 317 4100
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
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 and mailing list updates to the Editor,
The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to
alice.tribe@rspb.org.uk or by fax to 01767 693078. The views expressed in Legal eagle are not necessarily
those of the RSPB or PAW.
The RSPB speaks out for birds and wildlife, tackling the problems that threaten
our environment. Nature is amazing – help us keep it that way.
KEEPING
WILDLIFE
CRIME OFFICERS
INFORMED
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.
Cover photo: by Alasdair Allen
For more information on wild birds and the law, visit rspb.org.uk/birdlaw
24
Legal eagle issue 70
232-1434-13-14