Gamekeeper loses appeal

A Derbyshire gamekeeper has lost his appeal against his conviction and sentence on seven charges relating to the illegal use of a trap baited with a live pigeon in order to take birds of prey, the intentional taking of a Sparrowhawk, and a number of animal welfare offences.

Glenn Brown was convicted of seven offences under the Wildlife and Countryside Act 1981 and Animal Welfare Act 2006 in June 2011 at Chesterfield Magistrates Court. He was sentenced to 100 hours community service and ordered to pay £10,000 costs.

At a hearing at Derby Crown Court, which began on January 3, Brown’s defence claimed that the RSPB had planted evidence to incriminate Brown.

The appeal was dismissed by the judge, who said that all the RSPB staff involved were credible witnesses, and ordered Brown to pay a further £7,000 costs.

RSPB conservation director Martin Harper said: “We are delighted, but not surprised that the integrity and honesty of our investigations officers has been found to be beyond reproach after coming under forensic examination in this case.”

Brown was originally arrested by Derbyshire Police in May 2010, following a covert surveillance operation by an RSPB investigations team. They filmed Brown using a cage trap baited with a live domestic pigeon. Although cage traps are legal when trying to trap some species, such as Carrion Crows, it is illegal both to use a pigeon as bait and to capture birds of prey.

Mark Thomas, an investigations officer with the RSPB, said: “With so much evidence convicting Brown during the first trial, we are stunned that his defence felt comfortable mounting an appeal suggesting the RSPB had framed him.

“Bird of prey persecution remains a top wildlife crime priority in the UK, and it is one that we are determined to help the police reduce. The problem remains particularly severe in upland areas dominated by grouse shooting, where crimes have a direct impact on the conservation of some of our rarest birds of prey.

“With his appeal failing, Brown will now have to face the consequences for his crimes. Since 1990 there have been over 100 gamekeepers convicted of crimes relating to the despicable persecution of birds of prey.”

Martin Harper added: “Crimes such as these illustrate links between driven-grouse shooting and the illegal killing of birds of prey. This is why industry leaders and employers need to do more to stamp out these crimes. We believe that land managers and owners should be held legally accountable for any wildlife crimes that are committed by their staff, as is the case in Scotland.”

An epetition calling for vicarious liability to be introduced into law can be found here

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