Investigations

Collecting without conscience

Guy Shorrock — Wed, 10 Apr 2013 12:00:00 GMT

On 9 April 2013 at Inverness Sheriff court, Keith Liddell of Holm Dell Drive, Inverness, was sentenced to a 220 hours community service order. During an earlier trial in March there was a dramatic change in direction and he decided to plead guilty to 13 charges relating to the illegal trading in birds’ eggs and possession of 338 eggs.

The background to this case and events elsewhere give a fascinating insight into how the desire to collect can override obvious questions about the origins of the items sought.

The desire to collect appears to be deep seated in our nature. In an evolutionary perspective, there was clearly great value for our ancestors to gather and keep items that were needed or which might become in short supply at some later stage. We see this across nature with a whole range of animals storing food to get them through difficult periods.

At some stage in human history this must have progressed to the trading of items for mutual benefit and this now forms the basis for our society. This desire to collect continues to expresses itself in modern society in an incredibly diverse manner. From antiques, books, stamps, cars, toys, autographs the list seems endless. So it is not surprising that wildlife features in this list, from a twitcher’s list to taxidermy, and from shells to skulls.

The problem with trading is that it inevitably creates a demand for products. The global Convention on International Trade in Endangered Species of wild flora and fauna (CITES) has sought to try to control worldwide trade in more vulnerable animals, plants and their derivatives.

However, at times this seems completely ineffectual when you look at the impact of demand on some of the rarest creatures on the planet. The desire for rare parrots, ivory, tiger and rhino derivatives demonstrate the extremely serious conservation impacts that trade can have for some species. In extreme cases it can even push them to extinction. As the rarity increases this can fuel the prices, creating yet further incentive to take from the wild.

Whilst not in the same league as some of these major global concerns, it appears that birds’ eggs also hold an unhealthy fascination for some. For over 20 years, nearly all my work with egg collectors has revolved around people taking eggs from the wild and where these represent a trophy of their exploits in the field.

Eggs do pass between collectors, usually when an individual has died or decides he no longer wishes to keep them. Some individuals are content to collect eggs taken by others and indeed from around the mid nineteenth century for around a hundred years a number people and auction houses made a living from the selling of birds’ eggs. In Britain this effectively came to an end with the Protection of Birds Act 1954 which made the selling of birds’ eggs unlawful.

For all the social benefits of the internet, it is clear it has opened a massive door of opportunity for people to deal and trade in illegal items. The policing of this cyber world seems an almost impossible task. Along with a myriad of items on offer, birds’ eggs occasionally occur on internet auction sites, though these are typically poor quality collections and I suspect many sellers are unaware of the offences they are committing.

And so to the strange underworld of Mr Liddell and his associates. Amongst these more discerning collectors of birds’ eggs, illegal trading took place in a much furtive and organised way. In 2009, I was asked by Durham Constabulary to look at a collection of over 2000 eggs they had just seized. Initially it seemed fairly shambolic and badly set out, but as I started to delve things became very interesting. Amongst things which caught my eye were a clutch of greenshank eggs taken from Scotland in 1993 by the notorious egg collector Colin Watson. There were eggs from the United States and Australia. A set of egg datacards in ‘familiar’ handwriting, which I had little doubt would be fraudulent, and later confirmed by forensic handwriting tests. My curiosity was aroused!

I then saw email correspondence from the suspect and trawling through some 6000 emails it was soon apparent that the exchange of eggs was taking place with two individuals in Scotland, and that there was a network of people involved including individuals in the US, Australia, South Africa and Scandinavia. A pile of used parcels showed eggs had had been posted from the US with contents falsely declared as Christmas ornaments or socks! The individual from County Durham was later prosecuted and pleaded guilty to keeping, trading and smuggling birds’ eggs. He received a suspended jail sentence.

And so north to Scotland. In June 2009 the police raided two address, one the home of prison officer Keith Liddell in Inverness. Behind a bookcase in the loft, over 2000 birds’ eggs were recovered. Myself and colleagues set about the time consuming process of cataloguing these and examining photographs, datacards and yet more emails. The complexity of these cases creates a whole range of investigative problems for the police. They simply don’t have the experiences and resources. Without the hundreds of hours of work by RSPB staff, cases such as these would often never reach a court.

Even then, there are still problems. From the home of an associate of Liddell in Scotland a large collection of eggs was seized, though unfortunately this did not proceed to court. Encouragingly, the formation of the Wildlife and Environment Unit in 2011 within COPFS and the appointment of dedicated staff to deal with wildlife crime was instrumental in the success of the case against Liddell. The RSPB would like to see a similar unit in the Crown Prosecution Service to deal with wildlife crime in England and Wales.

With Liddell’s eggs there was data with some of the eggs which suggested they had been taken from as far back as the end of the nineteenth century to as recently as 2007. His emails indicated he was swapping eggs with several other individuals and that he had even paid hundreds of pounds to acquire eggs from some of his associates. He was clearly well connected with many people in the egg collecting world.

Quite what was going on in his strange little world is difficult to know. Whilst many of the eggs he acquired were old, having been taken many years ago, it was clear some of the people he was dealing were still actively collecting. His quest to build an extensive collection containing a diverse array of species appeared to have completely consumed him. Exciting species were actively sought – Egyptian, black and griffon vultures, ospreys, peregrines, black-throated divers, cranes and many more. It appeared no thought was given to the origin of these eggs, and he was well and truly lost in a world without conscience.

Interestingly, it appeared some of the people involved in the egg trading world were quite happy to lie about the identity and provenance of the eggs to increase their trading value. Species were deliberately mis-identified as something ‘more interesting’, or stated to be wild taken when they had been laid in captivity. Clearly no honour amongst egg traders!

Following events in the UK, the results of enquiries abroad have been mixed. In the US there appears to have been a failure by the authorities to act against two egg traders, and no news at all from Australia. Closer to home in Scandinavia the news is much better. Over 16,000 eggs have been seized and it is believed four individuals are facing court proceedings.

Hopefully, recent proceedings will have made others involved in egg trading sit up and take note. The authorities have shown they can investigate and prosecute such difficult cases and the courts will take them seriously. That at least should be on their conscience.

Do your bit, for the Peak Goshawk

mark thomas — Tue, 27 Nov 2012 15:25:00 GMT

Like many nature lovers born in the massively populated areas that surround the Peak District National Park my life has been inextricably linked to that special place and its wildlife.

My passion was really ignited on my first ever school trip, to a Peak outdoor pursuits centre, despite the really exciting itinerary it was the birds that did it, 5 days of specialist birding, dipper, merlin, stonechat, ring ouzel, dunlin all being new species.

Then at 15 my first ever goshawk, a moment permanently etched on my psyche. THE prize, the gold card in the football sticker album, how proud I was of my goshawk, a monster of a female, flapping low across a woodland ride, flashing its fluffy white under tail coverts as if replicating the plates in the field guide that I had studied.

At that time I was vaguely aware that not all people liked goshawks, I remember a headline page in the Sheffield Star newspaper with an image showing an x-ray of a goshawk – blasted to pieces whilst on its nest. I also knew that the birdwatching community was doing its bit, trying to protect these birds.

Twenty-five years later the goshawk is still persecuted and on the verge of extinction in the northern Dark Peak whilst starkly, the population in the southern White Peak is doing well. Now, the goshawk really needs you to do your bit. You may have visited the Derwent Valley in the Dark Peak and been lucky enough to see a goshawk, if you haven’t then your chances are fading away, so please comment. Five years ago we published a report highlighting the way things were going and then further invested in our investigations work, see the report here http://www.rspb.org.uk/Images/PeakMalpractice_tcm9-132666.pdf

So what’s going on? The National Trust (NT) have undertaken an ambitious piece of audit work, assessing the condition and value of their huge 'High Peak' estate, this work informing a new vision for the future. This co-incides with a number of the NT land tenancies coming up for review. Public consultation ends on November 30th.

Raptor persecution has hardly been out of the news in the Derwent Valley, a shot peregrine, a dead squirrel covered in glue found under a goshawk nest, a ravens nest pulled out, a poisoned buzzard found with only one leg, goshawk chicks taken, two vanishing male hen harriers, an active goshawk nest removed and its eggs smashed, it goes on and on ....

And then the prosecutions, firstly in 2003 a keeper on NT land on the west side of the Derwent Valley, convicted for destroying an active goshawk nest after extensive forensic work by RSPB and Derbyshire Police and most recently the infamous case of Glen Brown, a keeper on NT land on the east side of the Derwent Valley, filmed red-handed using a cage trap baited with a live white pigeon to catch birds of prey. See link

http://www.rspb.org.uk/community/ourwork/b/investigations/archive/2011/06/14/shadowy-existence.aspx

This case was perhaps THE most important conviction of its type with much more than the gamekeepers future at stake. This case was pivotal in winning further support for birds of prey and changing opinions.

Following on, The National Trusts’s vision clearly acknowledges persecution has to stop. The vision will also end burning as a grouse moor management tool on deep peat, good news for all in the fight against climate change.

So why is this important now, because this might be the ONLY opportunity in your lifetime to comment, we need goshawks to survive, we need change, NT need your views.

Please - it’s your turn, do your bit, now, support NT’s vision. http://www.high-peak-moors.co.uk

From the beat to Bangkok

Guy Shorrock — Mon, 09 Jul 2012 13:25:00 GMT

I'm in my hotel room in a very hot and muggy Bangkok with the sounds of a 10 million-strong bustling city going on around me. When I started work as a Police Officer, at the tender age of 22, little did I realise how my journey would lead to the exciting work of the RSPB Investigations section.

Furthermore, I certainly would not have believed that some 28 years later I would be attending an international conference in Thailand to talk about the use of forensic evidence in the investigation of wildlife crime.

During my police service I had a regular involvement with the usual forensic techniques when attending burglaries and other crime scenes. When I arrived at the RSPB, I found they had already been using a variety of forensics methods to investigate wildlife crime. Of most interest was an investigation they started just before I arrived.

Blood samples had just been taken from some goshawks held in captivity by a falconer in Liverpool. DNA testing showed that the four offspring were not related to their declared 'mother'.

In 1992, this resulted in the first ever wildlife DNA conviction in the UK and was in fact the last private prosecution ever brought by the RSPB. Though the offender only received a derisory fine, it set in place a chain of events that would keep me very busy for the next few years.

With my own university background in biochemistry and interest in forensics, I was keen to get involved in this work and initiated and assisted with a number of DNA-based enquiries to check the captive breeding of people keeping raptors in captivity.

Since 1982, there had been a government registration scheme for people keeping captive-bred birds of prey and this was intended to prevent the laundering of birds taken from the wild. However, for those in the know it was quite easy to get eggs or chicks from a wild nest and simply claim they had been bred in captivity, get them registered and sell them.

Whilst the registration scheme seemed to have little deterrent on people stealing birds of prey from the wild, its existence later became vital to the use of DNA testing. It ensured birds were uniquely marked, could be physically located and we had details of the 'declared' family relationships between birds. This information was all essential to get the necessary blood samples from the birds and allow the geneticists to do their work and test these declared relationships with DNA analysis.

We were fortunate that around that time the Department of the Environment (a predecessor of Defra) had invested money in developing DNA technology in raptors and allowed us to use the expertise being developed at Nottingham University.

This work led to numerous convictions and showed what the RSPB and others had long suspected - that there was widespread laundering of wild-taken peregrines and goshawks into the captive market.

We also saw a reduction in raids on wild peregrine nests and a fall in captive breeding success as it appeared some people decided dealing in wild birds was no longer worth the risk. In my 20 years, this has been one of the biggest successes in wildlife crime enforcement in the UK and a fantastic example of how forensic evidence can be effectively used.

A couple of the cases in particular were very high profile with two men receiving custodial sentences for laundering a large number of peregrines. I believe the high profile nature of these and a few other wildlife cases were instrumental in the government in setting up the Partnership for Action against Wildlife Crime (PAW) in the mid 1990s.

This brought together statutory agencies and NGOs to work together to tackle wildlife crime. A PAW Forensic Working Group (FWG) was also set up and with my background in the use of DNA and other forensic techniques in wildlife crime investigation, I was lucky enough to be was invited to join along with individuals and scientists from various backgrounds.

Since that time, the group has sought to assist statutory agencies to use forensics methods in wildlife crime and has identified new areas of research to tackle existing and emerging problems. This work has helped and encouraged the wider use of forensics in the UK.

The RSPB and others had hoped that Defra would expand the registration scheme to make people accountable for holding other species of high conservation concern, such as some of the critically-endangered parrots. This would give us the opportunity to develop new DNA testing method to check any suspicious captive breeding claims.

Ironically, despite the fantastic success of those early cases and further substantial financial support for further development of DNA testing in raptors in 2004, Defra then set about dismantling some of the registration scheme following a long and fairly acrimonious consultation process ending in 2008. This was despite advice from the police, RSPB and even their own scientific advisors, the Joint Nature Conservation Committee. This was really a lost opportunity and one of the most disappointing failures by the government after all that initial hard-won success.

However, one consolation that had emerged was in 2004 when geneticists Dr Robert Ogden and Dr Ross McEwing, then at Bangor University, got involved with the FWG. They had independently set about trying to promote the use of DNA testing in wildlife crime enforcement and had obvious value to the work of the FWG. Their drive and enthusiasm has been immensely impressive and they have helped instigate and drive forward a whole range of research and initiatives to improve the ability to use DNA forensics in wildlife cases in the UK and internationally.

They set up the TRACE Wildlife Forensics network, a not-for-profit organisation, to take forward this work and were instrumental in the setting up of a DNA forensics laboratory in Scotland offering free genetic testing for all Scottish police forces in wildlife cases. Internationally they have been very active with research work on rhino and other endangered species.

In 2009, TRACE obtained funding from the UK Darwin Initiative supported by the Royal Zoological Society of Scotland. This was a three-year project in partnership with TRAFFIC South East Asia to form a Wildlife Forensic Network to support The Association of Southeast Asian Nations – Wildlife Enforcement Network (ASEAN –WEN).

South-east Asia is a key battleground in the fight against the illegal trafficking of the worlds most endangered species. It is a consumer and supplier of items from tiger products to tropical hardwoods, and also a transit point, for example for poached rhino horn being smuggled from Africa to China and Vietnam.

The RSPB is heavily involved with international conservation, including work in Asia on the amazing Harapan Forest Project in Sumatra. Whilst deforestation and habitat loss remain the biggest threats to biodiversity in Indonesia and other parts of the world, issues of illegal poaching and trade are also highly relevant to species like the highly-endangered Sumatran tiger.

The stakes for everyone could not be higher and wildlife forensics, particularly DNA testing, will have an increasing part to play in effective enforcement. The ASEAN Wildlife Forensic Network project has helped set up and improve wildlife DNA forensics testing facilities in several Asian countries and provided training for the collection of evidence by the law enforcement agencies.

At the conference, it was very humbling to see just the amount of work and energy that individuals and governments have put into the project. Whilst there is a long way to go, law enforcers are already using these new and developing forensic facilities. The laboratories are involved in cross-working and developing new and more effective forensic tests.

I would like to think that work over many years by the RSPB in using and promoting various forensics methods to tackle wildlife crime in the UK had perhaps played a small part in getting events moving in other parts of the world.

Whether countries around the world can collaborate effectively to save charismatic megafauna like the tiger remains to be seen. However, the impact that even small UK funded projects can potentially achieve when driven by committed individuals at a tiny organisation like TRACE is astonishing. This should give hope to us all of what could be achieved if governments could also make the necessary commitments of political will and necessary resources.

Special cases

Darren Moorcroft — Sun, 01 Jul 2012 17:00:00 GMT

I’m not an Investigations Officer, but I do consider myself to be in a privileged position. Late last year I became the RSPB’s Head of Species & Habitat Conservation, resulting in me taking over the responsibility for the UK Investigations team.

Now, having worked for the RSPB for over 12 years, I felt I knew what they did. But it was only when I got to see it up close that I realised the extent of what they get involved with. I think it takes a special type of person to be an investigations officer.

Dedicated

You really need to be dedicated (and the RSPB is full of dedicated people), but few of us would be able to withstand the rigour of what they have to do. Their duties range from covert operations - staking out a site sometime for days on end to catch a wildlife criminal in the act - assisting the police, and standing up for wildlife in court under intense cross examination.

When you talk to these guys, they’re unassuming, but their dedication and their passion shine through. They want to stop bad people doing bad things to wildlife. Repeatedly, they see bird of prey persecution up close and in the raw – a poisoned golden eagle... a shot buzzard... a trapped peregrine... the list goes on: and, that happens all-too often.

Looking over their shoulder

Of course, shooting, trapping and poisoning are just a few examples of the devastating crimes these magnificent birds face, and the people who perpetrate these crimes do it often with a sense of impunity. They think that because these birds can often occupy remote areas, their horrific crimes will be out of sight and out of mind.

Well, I’m proud to work for an organisation who has a team of dedicated investigators who ensure the criminals should always be looking over their shoulder, and an organisation which stands up for birds of prey, rare wildlife and habitats, ensuring criminality is exposed and doesn't remain ‘out of mind’.

Let us know

We receive many tip offs from the public. If you think you’ve witnessed an incident of wildlife crime, please contact us. For advice on how to report a suspected wildlife crime see our website.

First ever wildlife crime ASBO

mark thomas — Mon, 27 Feb 2012 12:04:00 GMT

He boarded the tube carrying a small pizza box - a rather normal looking man in the midst of east London. He was wearing dark, almost military clothing and carrying a small shoulder bag.

The train sped through the city, the suburbs and out in to rural estuary Essex. By now he was fidgety but only to trained eyes. As he left the train at Leigh-on-Sea, darkness was falling. He had meticulously planned it to be like that: he needed the darkness, it preserved his obsession.

Walking briskly, he was at his target in minutes. He entered the wooden bird hide but to his horror he was not alone - two males with binoculars, flasks and a duty. They were undoubtedly 'protectionists', guarding the very jewels he had come to take.

Through the open windows there in the gloom only 30 feet away sat an avocet incubating four precious eggs. But sadly from that moment these four eggs were only destined to become statistics. He left the hide and hid up like a fugitive.

An hour later the voluntary wardens had left, their duties fulfilled. It was black, but suddenly the night air was filled with the twin distress calls of avocets and humanity. A dark human figure lurched in to the mud and water; it was all rather easy despite the injury caused by hidden metal debris.

Within minutes the lagoon was quiet, the calm returned but three pairs of avocets had now lost a total of 12 eggs. Back on the tube, eggs nestled in the pizza box, the now wet but triumphant Matthew Gonshaw blended back in with society once more. Safe in his flat, he performed the last rites, blowing the embryos from the shells, documenting his raid and hiding the eggs under a set of drawers.

Following intelligence from the National Wildlife Crime Unit, almost two months later, in the very same flat, officers from the MET Police Wildlife Crime Unit and RSPB Investigations found the avocet eggs amongst 700 other eggs - golden eagles, ospreys and red kites to name but a few.

There was no celebration; the flat screamed with the silent calls of ghosts. An eerie place, uncomfortable for most.

Gonshaw was jailed for six months for these offences in December 2011 but showed no sign of remorse - quite the contrary.

This was his fifth conviction, his fourth spell in prison and the deterrents he had faced really didn't outweigh his obsession for taking eggs. Not just any old eggs but those of truly amazing birds.

After reading his diaries and interviewing the man, one particular aspect of his obsession stood out streets above the rest. He was driven by his annual visits to remote parts of Scotland, where he could test his survival skills, obtain freedom and plunder the rarest of the rare. This was his nirvana, his place of power and ultimately his Achilles heel.

A meeting of minds between the MET Police, CPS and RSPB Investigations resulted in a new approach, fresh thinking and strong purposeful action. The collective outrage of nest protection volunteers, conservation staff and wildlife police needed to be harnessed in a way to make it impossible for a court not to act. Ten amazing people put pen to paper and Stepped Up for Nature.

Late last Friday, Matthew Gonshaw became the first ever person to receive an ASBO for crimes against nature. He was banned from leaving England to visit Scotland between 1 February and 31 August for TEN YEARS.

In addition he also had seven other conditions imposed, including being banned from all RSPB and Wildlife Trust land as well as the obvious - not to take or possess wild bird eggs.

If he doesn't stop he can now be brought back to court for breaching the ASBO and that offence carries a maximum of up to five years in prison and a £20,000 fine.

Hopefully, no longer will ospreys and golden eagles be robbed by him, no longer will volunteer wardens feel despair when he has taken their eggs and no longer will the authorities be powerless.

Let's be hopeful that those 12 avocet eggs have saved thousands of other birds - that's a much more positive statistic for Saving Nature.

Heads below the parapet

Guy Shorrock — Thu, 16 Feb 2012 10:55:00 GMT

For over 20 years I’ve dealt with the dirty world of bird of prey persecution offences. In addition to dealing with a depressing catalogue of magnificent birds which have been shot, trapped and poisoned it has also provided an insight into why this problem won’t go away.

In the last couple of decades there has been much to celebrate with increases in buzzards and marsh harriers and successful re-introductions of red kites and white-tailed eagles. However, in the uplands of northern England and Scotland, where land is managed for red grouse shooting, the situation remains depressingly bleak. Species like golden eagles and hen harriers continue to be badly affected by illegal persecution. Last year a perilous four pairs of hen harriers bred in England, despite habitat for over 300.

Unpopular

My job is to try to get those persecuting raptors into court. Whilst very difficult crimes to investigate, the RSPB have been instrumental in many convictions. This has understandably made us rather unpopular with the criminal element within the shooting industry.

Just this month gamekeeper Glenn Brown from the High Peak Estate in Derbyshire lost his appeal at Derby Crown Court. This followed a conviction for the illegal use of a cage trap baited with a live pigeon (a ‘hawk trap’) after he was covertly filmed - see recent blog posts on the court case and appeal for all the details. His failed appeal brought his costs to an eye watering £17,000, though the defence bill for employing a QC would no doubt have already dwarfed that figure. It seems somewhat unlikely that Mr Brown will be covering these bills and is a sign of the resources available to fight these cases.

Held to account

So another gamekeeper in the dock, now over one hundred since 1990 for raptor persecution related crimes. Of those how many of their employers or managers have been held to account? – well none that I’m aware of. In many ways the gamekeeper is something of a fall guy. The gamekeeper is man who does the dirty work whilst those in charge keep their heads well and truly down. If caught, he will get a good defence, keep his job and probably have his fine paid. In return, he keeps those in charge out of the frame.

Gamekeepers themselves have told me that raptor persecution on upland grouse estates is routine and that it is something they are expected to do if they want to keep their jobs. I have no doubt it is the shooting industry itself, the managers and employers who run these wealthy shooting estates, who are at the root of this pernicious problem.

Much of the shooting world remains in denial about the extent of raptor persecution. It is this lack of accountability for those running the show which means catching a few gamekeepers every year has limited deterrent effect. Encouragingly, Scotland has taken a step forward and introduced new legislation and an offence of vicarious liability. This seeks to make managers and employers more accountable for the criminal actions of their staff – this has to be a step in the right direction.

What can you do to help?

An e-petition is currently running to try to persuade the government to adopt similar legislation in England. Please step up for nature and take just a moment and to sign the vicarious liability e-petition to add your support.

Despite over 50 years of legal protection there seem to be little sign of the shooting industry getting its house in order. It is about time those crouched behind the parapet are finally made to stand up and be held to account for the damage being inflicted on our countryside.

Co-accused, RSPB on trial !

mark thomas — Wed, 25 Jan 2012 16:55:00 GMT

Have you ever been accused of something you haven’t done? When I say accused I mean directly, in front of others, repeatedly being told you’re unscrupulous and a liar in the strongest possible terms?

Imagine if the truth is the very opposite and that the only defence the aggressor has is to attack you and your credibility. Finally, imagine if it’s in your job description to expect it.

For the past 14 days, myself and three RSPB Investigations colleagues have been in this exact situation. Bertie Woodcock, the defence QC has dished it out without any recourse or single shred of proof, but why?

Because his gamekeeper client, Glenn Brown, was filmed in an undercover RSPB operation illegally operating a hawk trap baited with live pigeons in the Derwent Valley, Derbyshire. The same valley where the raptor population has suffered a catastrophic collapse since 2006, with only four goshawk nests being successful from the last 20 attempts.

If you believe the defence, with MI5-like credentials RSPB officers elaborately set the operation up, obtained one of Brown’s pigeons, put it in one of his cage traps, planted a dead sparrowhawk nearby, filmed the keeper apparently checking an empty trap. Then we convinced Derbyshire Police to raid the premises, after placing a ‘marked’ pigeon in the keeper’s pigeon loft awaiting its certain detection.

The simpler truth is far too inconvenient to some. Yet another gamekeeper persecuting raptors, in this case presumably to reduce grouse predation on a moor where the tennant showcases his commercial heather restoration.

Thankfully not so for Judge Goulbourn overseeing the first conviction (see her full judgement here) or Judge Watson who presided over the appeal.

So why does this happen? It’s because RSPB Investigations working with the Police and the Crown Prosecution Service is the only dedicated team able to pull off these complex gamekeeper- related investigations and convictions, making us an obvious target.

When attempting to protect your name runs up a legal bill of tens of thousands of pounds, it’s the biggest back-handed compliment to the RSPB and our supporters possible. Gamekeepers continue to be the fall guys, some being sacked, while the criminal elements in the shooting industry, who orchestrate these crimes, keep out of the limelight. Of over 100 gamekeepers convicted of raptor persecution offences since 1990 not one of their employers has had to face charges in a court room.

In Scotland, through the recently-introduced vicarious liability clause there may be a time when we see keepers and landowners in the dock together. We don’t have it in England yet but if you think we should then you can add your support here

So what next? We move on, we take the experience from this case and invest it along with our costs in the next operation, maybe in the Peak District again or elsewhere. After all, we have the element of surprise. Having filmed Brown's trap for an entire week at less than 30 feet we can do it, to save nature, watch this space!

Not fast enough!

Guy Shorrock — Fri, 11 Nov 2011 12:22:00 GMT

Guy Shorrock, RSPB Senior Investigations Officer, reports on the latest scientific report which highlights the continuing threat to the peregrine falcon in the north of England

For millions of years the process of evolution has continued and shape and push life to achieve things that leaves us gasping in amazement and struggling to comprehend how such things are even possible. The peregrine falcon is one of those species which has pushed the evolutionary envelope. Holding the title of the fastest animal on the planet this is a bird that can come out of the heavens like a thunderbolt at speeds reputedly in excess of 200 mph.

Man has had a long history with this amazing bird. It has been used in falconry for more than 3,000 years, beginning with nomads in central Asia. Henry VIII made it a felony to take the eggs of birds of prey because of their value for falconry. In recent years the illegal taking of peregrines for falconry has been tackled by innovative forensic techniques such as DNA profiling.

The profile of the peregrine really came to the fore during the 1950s and 60s. Due to our use of organochlorine pesticides, such as DDT, and their accumulation in the food chain. In several parts of the world, such as the eastern United States, this species became locally extinct and the peregrine became an endangered species. The global collapse of the peregrine population helped alert the world to the implications of these chemicals in our food chain and the recovery of the species has been something of a cause célèbre amongst conservationists.

Unfortunately, the prowess of this astonishing bird is not appreciated by everyone. In recent years, there has been an increasing conflict with some members of the pigeon racing community. Despite research showing the major losses of racing pigeons are not due to predation by raptors, species like the peregrine have suffered from at the hands of individuals taking the law into their own hands.

However, undoubtedly the main problem for the peregrines in the UK remains its unpopularity on many upland estates managed for red grouse shooting. Every year we receive reports of peregrines being illegally shot, trapped and poisoned. We have no doubt these reported incidents can only ever be the tip of the iceberg of what actually takes place.

Last week the RSPB launched its annual Birdcrime report for 2010. As usual the shooting community were quick to challenge RSPB figures and downplay the extent of the problem. We believe the shooting industry must be fully aware of the scale of persecution. Whilst the gamekeeper is the man who typically ends up in court, we believe it is the managers and employers lurking in the background who allow and direct their staff to commit these criminal acts on their behalf who are the real culprits. In 2012, Scotland is set to introduce an offence of vicarious liability to try to make these individuals more accountable for what take places on the land they manage and the actions of their staff.

Whilst the few crimes that are discovered give us a good insight into where these offences are being committed and the occupations of those involved, it can only ever provide a narrow window to view what is really taking place.

In the UK we are fortunate to have a dedicated network of volunteers, Raptor Study Group Workers, who are involved in monitoring the populations of many birds of prey. The data gathered by such people has been put to increasing use and in recent years a succession of peer-reviewed scientific papers has provided a disturbing insight into the levels and impact of human persecution on raptors. Research on species such as golden eagle and hen harrier have confirmed the profound affect of persecution associated with land managed for red grouse shooting.

The most recent study looking at peregrine breeding success in the north of England has just been published in the scientific journal Biological Conservation. This has revealed the shocking extent of persecution of peregrines that attempt to nest on England’s grouse moors.

The paper was jointly produced by RSPB and the Northern England Raptor Forum (NERF), who coordinate raptor monitoring work across the north of England. The study used Google Earth to map the characteristic 'strip burning' that is typical of moorland managed for intensive grouse shooting. This map was then combined with nearly three decades of nest monitoring information that had been collected by the teams of dedicated volunteers. Breeding success of peregrines breeding on grouse moors was half that of other habitats. Only a third of nests produced young on grouse moors and the higher levels of breeding failure meant that peregrine populations on grouse moors were not self-sustaining. Regional extinction was only prevented by the immigration of birds reared from more productive nest sites away from grouse moors.

The study also looked at all the distribution of confirmed and probable incidents of peregrine persecution between 1990 and 2006 across the study areas in northern England. It found that these incidents occurred far more frequently on grouse moors than on other habitats, despite there being more pairs breeding away from grouse moors.

So there you have it, if peregrines only chose to nest on grouse moors they would rapidly become extinct. It will be interesting to see how the shooting community react to yet another piece of scientific work clearly spelling out what is happening in our uplands.

The Government has already identified bird of prey persecution as one of its six wildlife crime priorities and earlier this year, it added peregrine to the list of priority species. This was a welcome decision which this study fully indicates. Unfortunately, there has been little real progress in tackling bird of prey crime. The government need to find ways to put pressure on the shooting industry to reduce the level of offending. Species like the hen harrier with just a few pairs left in northern England, despite habitat for over 300 pairs, are desperately in need of such help. The RSPB 2010 Birdcrime report has identified a series of areas where Government needs to step up to address illegal persecution of birds of prey and secure the future of our raptors.

The peregrine may be the fastest creature on the planet, but unfortunately still not fast enough to escape the hand of man in large parts of our uplands.

Legal Eagle 64

LloydScott — Wed, 13 Jul 2011 16:13:00 GMT

ROLL UP, ROLL UP, READ ALL ABOUT IT!!

The latest edition of LEGAL EAGLE - the RSPB Investigations team newsletter is out!

A round up of stories and features from the Partnership for Action Against Wildlife Crime – a collaboration of the organisations involved in wildlife law enforcement across the UK.

Check out the latest top stories such as:

The new vicarious liability laws introduced to Scotland and Northern Ireland to help protect birds of prey
Gamekeeper caught red handed with poison bait on the Leadhills Estate
Horrific numbers of songbirds trapped for the restaurant trade in Sardina
Fox found dead in illegal drag snare in Scottish woodland
Bird keepers warned “You must have your documents!”
Falcon smuggler Jeffrey Lendrum jailed last August has his sentence cut
Operation Seal cages animal fight organizers in Northumberland
Jail for Merseyside gull killer
Meet our new intelligence manager Helen Mason & Lancashire Polices new Wildlife Crime Officer Mark Thomas…no not that one!

The full document is available HERE - Please forward to friends and spread the word.

Shadowy existence

mark thomas — Tue, 14 Jun 2011 10:38:00 GMT

After a steep climb through dense forest, the stark reality was that we were face to face with a hawk trap, calculated to catch one of the most magnificent bird of prey on the planet, the goshawk. And all within a stone's throw of thousands of tourists, enjoying the splendour of the most popular national park in the world.

Our pre-dawn arrival was full of stealth and purpose: a covert camera was quickly deployed and we watched from the shadows.

Shortly after eight, we heard the distinctive snapping of branches underfoot and a figure began moving through the trees towards the trap. Once in full view, a combination of his distinctive appearance and the fact he was carrying a gun gave away his identity and motive. It was Glenn Brown, a gamekeeper on National Trust land since 2006.

The cage trap was the size of a garden shed, made of wood and mesh and containing a funnel entrance through which the target species could enter on a one-way ticket. The trap is legal when used with a live crow or magpie decoy, but most certainly not when the sacrificial prey is a live domestic white pigeon - the equivalent of Christmas dinner for a goshawk.

We watched him approach the cage, immediately checking for the pigeon which at once radiated life and blissful ignorance. The disappointment on Brown's face was clearly visible - no raptors today.

He returned the next day, same time: status quo, the pigeon was still alive, the raptor count was nil. The evidence of a previous day's campaign was all around, hundreds of white pigeon feathers strewn the bottom of the trap and the bodies of a white pigeon and a sparrowhawk lurking nearby. The underside of the sparrowhawk's tail was caked in faeces, a clear sign of its recent confinement in the trap.

On Saturday morning the situation changed suddenly. The covert camera caught the usual arrival, just after 8 am, but this time it was a camouflaged man wearing a full-face balaclava. His actions were deliberate and decisive, the white pigeon was released and the trap skilfully disarmed. Weekends are manic in this valley - tourists delve in to even the most unlikely places - and it was just too much of a risk.

At that moment, the white pigeon was the most important bird in the valley; it was the transporter of vital evidence, as its wings had been marked in a unique way by the RSPB.

The satisfaction was audible when three days later it was discovered in the pigeon loft of nearby gamekeeper Glenn Brown during a Derbyshire Police search warrant. Its homing instincts were as primeval as the glint in the eye of the goshawk we had just saved.

What happened in court?

Yesterday, after a 10-day trial, gamekeeper Glenn Brown was found guilty on all seven counts relating to this incident.

District Judge Goulbourn said: 'This was a serious offence against wildlife' and handed down a one-year community sentence and ordered Brown to pay costs of £10,000.

This has been one of the longest trials RSPB have ever been involved in and we thank Derbyshire Police, the CPS and barrister Rod Chapman for their support.

There is history in this the Upper Derwent Valley. A previous gamekeeper was prosecuted for destroying the eggs within an active goshawk nest in 2002.

Since 2006, goshawk and peregrine productivity has collapsed. There has been only one successful goshawk nest from 20 attempts, pointing to undoubted systematic and relentless persecution.

Our work here needs to continue. We need your support.

Taking the lead

Jeff Knott — Thu, 19 May 2011 16:14:28 GMT

On Monday this week I went to court for the first time in my life. No, I hadn’t been up to no good (shockingly), but I was there as an observer for the case of the first man in the UK to be prosecuted for using lead ammunition.

Lead is a very toxic metal, that’s why its no longer used in things like paint, petrol and children’s toys. In 1999 the use of lead gunshot over wetlands and to shoot certain wetland species like ducks, swans and geese was banned in England (and subsequently across the rest of the UK) to prevent wildfowl accidentally ingesting spent lead shot and suffering from lead poisoning as a result.

The man in this case was accused of shooting a mute swan with lead, so was being prosecuted for both offences as swans are of course fully protected and legally are the property of the Queen. After all the build up, he pled guilty on both counts, so the court case itself was over very quickly, with a fine of £445 for shooting the swan and £100 for illegally using lead shot.

This might not be the biggest fine in the world, but as it was the very first person convicted under the lead shot regulations, hopefully it will be a timely reminder that shooters need to obey these laws as much as any other. A recent study found that 70% of ducks were shot illegally with lead. Perhaps its not surprising when its taken 12 years for the first case to come to court, but hopefully that shockingly high figure will now start to decline. Still, there’s clearly a lot of work for shooting groups to do to ensure they’re complying with the law!

Now some of you reading this may wonder why lead shot is only banned over wetlands. Well the regulations were based on the evidence at the time, which showed that thousands of waterfowl were dying from lead poisoning. More recent evidence has suggested that, not surprisingly, lead ammunition can be just as big a problem in terrestrial habitats. Anything which east a gamebird shot with lead ammunition is at risk from lead poisoning, as they can eat the lead shot embedded in their prey. This can be a major problem. Studies from the United States have shown that the major threat to one of the world’s most-threatened and largest birds of prey – the California condor – comes from the birds ingesting lead when feeding on deer carcasses. This has been such a problem that the former Californian governor – Arnold Schwarzenegger - banned all lead ammunition in the critically-endangered bird’s range within the state.

And of course its not just birds of prey which eat game shot with lead – humans do. Now don’t panic, you’re not going to die if you’ve eaten pheasant or rabbit. But there is an increasing body of evidence that eating as little as one game meal a week can have significant impacts on things like your blood pressure, intelligence (especially in children) and risk of heart problems. And if you’re pregnant or a young child, you could be even more at risk from lead in game meat. Its all a bit scary really and has led to the Government setting up a Lead Ammunition Group, which I sit on for the RSPB, to decide on what should be done.

So a long way to go, but at least this case is a step in the right direction and hopefully some of the publicity around it will raise the profile of the continued problems with lead ammunition.

Caught on camera

LloydScott — Wed, 04 May 2011 10:08:00 GMT

Two part-time gamekeepers have been convicted for trying to kill birds of prey using a pole-trap – a barbaric device outlawed for over 100 years.

On 21 April 2011, Ivan Peter Crane and his son Ivan Mark Crane of Astley Grange Farm, East Langton, Leicestershire, appeared at Market Harborough Magistrates Court and pleaded guilty in relation to the use and possession of a pole-trap. They were fined £1,000 and £500 respectively and ordered to pay £80 costs. Crane (Snr) was also fined a further £2,000 in relation to the illegal and unsafe storage of pesticides on his farm.

Ivan Peter Crane caught on camera next to the illegal pole-trap. J. Leonard (RSPB)

The case started in August 2010 when RSPB Investigators located a set-pole trap at a pheasant pen on the farm. The trap consisted of a metal spring trap positioned on the corner post of the pen. Any bird or prey or owl landing on the post, an obvious vantage point, would have caused the jaws of the trap to spring shut trapping the bird and causing horrific injuries in the process.

A return visit was made to start a surveillance operation and the trap was found to be still present but had been unset. Following several days of RSPB surveillance, both men were filmed walking & driving the obvious illegal trap hanging on the corner post.

Leicestershire Police were contacted and a raid took place during which the trap was seized.Both men accepted rearing pheasants for shooting but initially denied any knowledge of the trap. Following the court outcome, RSPB Investigations Officer Guy Shorrock said: 'These are barbaric devices and have no place in our countryside. This case again shows the value of RSPB surveillance evidence in bringing these people to justice.'

The pole-trap set to kill birds of prey. L Scott (RSPB)

Illegal killing still a problem

LloydScott — Fri, 04 Mar 2011 16:43:00 GMT

It's fair to say that most people appreciate and understand the value of species at the top of the food chain and why they're important in a balanced environment. Yet despite nearly 50 years of legal protection, many birds of prey continue to be persecuted across the UK.

The dedicated work of raptor study groups plays a vital part in local monitoring and conservation of our native birds of prey. As such, many reports of incidents come into the RSPB via these study groups.

A new report from the Northern England Raptor Forum (NERF) has shown that illegal killing of birds of prey remains a major problem for a range of species across the North of England. Populations of some of our best-loved birds, such as peregrines, hen harriers and red kites are suppressed by illegal killing, primarily on land managed for driven grouse shooting.

The golden eagle may be an iconic bird of Scotland, but historically it bred across much of northern England. The NERF report concludes that unless the spectre of persecution in the Scottish borders and the north of England is removed, they are likely to remain extinct as a nesting bird in England. Only one solitary golden eagle was seen in northern England during 2009.

Traditionally, golden eagles could be seen in the forests of Northumberland. However, for the first time in three decades they were absent.

Persecution in the south-east of Scotland is limiting the species' population growth in Scotland and preventing re-colonisation of northern England.

Paul Irving is the chairman of the Northern England Raptor Forum, an organisation created in 2006 to monitor the fortunes of the region's birds of prey. He said: 'With its iconic landscapes, northern England is enormously popular with tourists. However, our monitoring shows that the skies above some of our most important landscapes are largely devoid of the birds of prey which have hunted these areas for thousands of years.

'The situation with the hen harrier population continues to cause grave concern. Its failure to expand into eminently suitable habitat found throughout the northern uplands is now widely attributed to persecution as a result of the perceived conflict with grouse moor management.

'This situation is absolutely intolerable and NERF calls on the authorities to use all of their powers to reverse the situation'.

Illegal persecution across northern England is affecting the fortunes of a number of the region's birds of prey, including hen harriers, goshawks, peregrines and red kites.

Copies of the report can be obtained from Steve Downing. E-mail nerfconf@hotmail.co.uk

Copies cost £12 each including postage and packing.

Swan killer turns jailbird

LloydScott — Tue, 01 Mar 2011 11:04:00 GMT

Hello! This is my first post to the Investigations blog with an update I thought worthy of sharing.

I joined the investigations section as an assistant officer in June last year on a secondment from the Wildlife Enquiries team. It soon became clear that as with the wildlife enquiries, this team is also regularly required to provide expert advice on reports relating to our more common wild bird species, not just those of significant conservation concern.

The investigation of offences against species that are considered common or with stable populations are mostly led by the national network of Wildlife Crime Officers, based within the countries' regional police forces. (Read more about how the RSPB works with police and other enforcement agencies)

Anyway, the reason for my post is this. On Thursday 24 February the Merseyside Wildlife Crime Officer called to inform us of the outcome of the latest swan killer case.

46-year-old Thomas Bowen appeared that day at Wirral Magistrates Court for sentencing, after an earlier guilty plea for the killing of a juvenile mute swan. He was arrested on Tuesday 23 November 2010 and was initially taken into custody for an offence of cruelty to animals.

He had captured a juvenile mute swan and took it to his (now former) girlfriend’s home address, where he killed the bird with a violent blow to the head. He then proceeded to decapitate the animal and cut off its wings. The police were called to the scene and he was arrested, during the course of the arrest he assaulted a police officer by spitting in his face.

During interview Bowen was said to have defended his actions saying that he had taken his dog for a walk and the dog had attacked the swan. He claimed that he had taken the animal home to care for it but decided to put it out of its misery instead. He also stated that he was 'probably going to eat it'.

Of the four charges brought against him, Bowen received 12 weeks for 'possession' of a wild bird, 12 weeks for 'taking' the bird, 26 weeks for the actual killing and an additional 10 weeks for the assault on a police officer. All these charges are custodial and to run consecutively. The overall sentence was reduced by four weeks in light of Bowen's early guilty pleas. He is therefore to serve a total of 22 weeks in jail.

This is the just the fifth prison sentence for killing swans in the past decade. My colleagues and I applaud the work of the officers involved in this case in securing such a good result!

Hidden eggs

mark thomas — Thu, 16 Sep 2010 14:01:00 GMT

In a period dominated by stories of bird crime, here is my account of the latest case to reach court.

It’s very rare to enter an egg collector's house and hit jackpot - this has happened to me only once in 10 years and on that occasion it involved 7,000 eggs and then five weeks' work identifying them!

Last May I was involved in a Nottinghamshire Police raid. It followed a man seen acting suspiciously at two rare bird breeding locations in Derbyshire. At the first site, he was lurking around very close to a pair of merlins, late at night. At the second, he was more openly trying to find a peregrine nest in a quarry, at a time when the adults were incubating a clutch of eggs. His behaviour shouted ‘egg collector’ and in Derbyshire we are very lucky as the local raptor study group is amongst the best in the country and 'switched on' at noticing and reporting such odd incidences.

Following further intelligence gathering, we had the green light.

So on the day of the warrant we met early at a central police station, where a full briefing took place led by Nottinghamshire Police Wildlife Crime Officer Sgt Hallsworth, under the title ‘Operation Albescence’.

Shortly after, we arrived at the suspect's house, in a quiet suburban Nottingham street, soon to be the centre of much local attention. Handily the vehicle he had been seen using in the Peak District was parked outside.

Entry was gained and the suspect, Aaron Kisiel, was at home, if a little sleepy. Systematic searching by the Police search team soon confirmed our suspicions, as eggs, padded containers, an egg blowing kit, diaries, binoculars and cameras were discovered.

Even a brief look at the eggs suggested they were from protected species such as woodlark, buzzard and house sparrow. Diaries found at the address immediately indicated that collecting had been going on for many years with thousands of eggs listed.

Kisiel was arrested and taken away. The Police were excellent and thorough. Random keys were found and checked against a number of garages in the street; one fitted and open came the door. We expected to find the eggs but instead found a large empty space. Most eggers do not give up their collections quite that easily - certainly not ones they have amassed over many years.

Kisiel had no choice really and, as expected, pleaded guilty to possessing the 30 odd eggs at his home address. More interesting though was the fact he was charged with having items capable of being used to commit the offence of possessing and taking birds eggs - this included two cars, Swarovski binoculars and a Canon camera. The fact that the court could confiscate these items was probably a deciding factor in his not-guilty stand.

A four-day trial followed with Kisiel relying on the evidence of the defence expert, one-time RSPB Head of Investigations Peter Robinson. During the trial, the court heard RSPB evidence that sedge warbler and cuckoo eggs found at Kisiel's house matched those on photographs also found at the address showing the very same eggs in a nest in 2006 before having been taken. Similar evidence was also produced for a clutch of house sparrow eggs taken as recently as 2009.

Thankfully the magistrates found Kisiel guilty on all counts and praised the evidence of the RSPB but not so the defence.

Kisiel was warned that his crimes are so serious that all options are available and today we were back in court as he was sentenced.

Whatever happens, the authorities have still not tracked down the remaining thousands of eggs. In our experience these will no doubt be hidden very well. They need to be found and taken out of circulation. Once removed, the temptation to continue collecting diminishes greatly.

A media appeal with a £1,000 reward has just gone out so if you have any information please do get in touch.

Call RSPB Investigations on 01767 693087, or Nottinghamshire Police on 0300 3000 99 99.