Four interesting cases – #3

Mark 5 Comments

By Uclax at de.wikipedia (Original text : ucla) [Public domain], from Wikimedia Commons
By Uclax at de.wikipedia (Original text : ucla) [Public domain], from Wikimedia Commons
This is the third  example of a case of illegal raptor persecution – this one is from Scotland and was taken from Tingay, R.E. (2015). Natural Injustice – Paper I: A review of the enforcement of wildlife protection legislation in Scotland. Scottish Environment LINK, Perth, Scotland.

“A white-tailed eagle was found dead close to the boundary of two estates, one of which had a comprehensive recent history of criminality. The carcass was retrieved and sent for toxicological analysis, which confirmed the eagle had been poisoned with an unusual mixture of three proscribed pesticides.  A multi-agency Section 19 (Wildlife & Countryside Act 1981) search of the area was conducted which resulted in the discovery of a poisoned buzzard, a poisoned bait (half a mountain hare) and 32 cubes of poisoned meat that had been placed on the tops of fence posts on an electric deer fence. The buzzard was confirmed as having been poisoned by one of the three proscribed pesticides that had killed the eagle. The mountain hare and the 32 meat baits were found to contain the same combination of proscribed pesticides that had killed the eagle.
Due to the configuration of the deer fence, the meat baits could only have been placed on it from one side– i.e.on land belonging to the estate with a recent history of illegal poison use.
The police applied to the fiscal for a search warrant to enable them to conduct a wider search but their application was refused, with no reasons given. In spring the following year, two poisoned buzzards were found on the same (neighbouring) estate. Later the same year, a second poisoned white-tailed eagle was discovered there. An application for a search warrant was sought but again was refused.
 
In both cases the inability to undertake a comprehensive search for evidence to link the crimes to a particular individual or estate meant that there was no further follow-up. Had the first search warrant been issued it may well have prevented the deaths of the two buzzards and second white-tailed eagle.  Why both search warrants were refused, in spite of the overwhelming supporting evidence, is utterly
bewildering.
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5 Replies to “Four interesting cases – #3”

  1. Pardon my ignorance but who or what is the fiscal? Who has oversight of the fiscal? Is there any follow up of this seemingly capricious (if not outright corrupt) decision underway? If not, why not? When did all this happen? Why does the location need to be secret?

    1. The fiscal is the public prosecutor in Scotland.
      I don’t see any reason why the name of the estate and its owner cannot be published. If it is a matter of fact that these events took place there (as revealed by a ‘multi agency search’ they can hardly sue. It might not be possible to bring a prosecution but a healthy dose of public shame would be possible and justified.

  2. Beyond belief. So much for the claims that wildlife crime is not tolerated bu the Scottish government. Complicit by any standards and as guilty as the individual who laid out the poison

  3. I believe the ownership of the estate concerned has changed so that is a little complicated. The estate is well known in Scotland and has been mentioned many times on Raptor Persecution Scotland it is Glenogil.
    Interestingly A Red Kite was found in the Nidderdale AONB in 2012 with this same combination of poisons. At the time Nidderdale keeper was unwell and being helped out by friends in Scotland!

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