a millionvoices fornature

FEBRUARY 2008 No 54

The shocking news that a golden eagle had been foundpoisoned in the Scottish Borders in August 2007, just afterthe start of the grouse shooting season, not only stunnedthose involved with conservation, but also was condemnedaround the world and led to a debate about wildlife crimein the Scottish Parliament. As a result, a ThematicInspection of arrangements for the prevention, investigationand prosecution of wildlife crime is being undertaken byHM Chief Inspector of Constabulary in association with HMChief Inspector of Prosecutions in Scotland. The Inspectionwill make recommendations by 31 March 2008.

The poisoning caught the public imagination because thedead bird was a member of the only breeding pair ofgolden eagles in the Scottish Borders, having nested

successfully, unmolested, for many years. In 2007, the pairraised a chick to fledging; the young bird was semi-independent and was being fed by both parents at the timeof the crime. There were significant concerns for the chick’swelfare so a food supply was organised by WCO MarkRafferty to ensure the young bird continued to thrive.Lothian and Borders Police, RSPB Scotland, the ScottishSociety for the Prevention of Cruelty to Animals (SSPCA)and the Scottish Executive conducted a search of land andproperty and a reward of up to £10,000 was being offeredby private donors, RSPB and wildlife organisations forinformation to enable the perpetrator to be caught.

PC Mark Rafferty said, ‘Despite the efforts of myself, otherWCOs and our partners, the illegal and indiscriminate use

LEGAL EAGLETHE RSPB ‘S INVESTIGATIONS NEWSLETTER

IN THIS ISSUE: Bird ‘Black Hole of ‘Calcutta’ • Developer prosecuted for destroying bat

roost Taxidermy dealer ‘ignorant of the law’ • Wader thief caught under cover • Pesticide arsenal

Red kite shot dead in Wicklow • Slaughter on Cyprus • Man steals iguana in false leg

Lothian and Borders WCO

Mark Rafferty holds the

poisoned golden eagle which

led to a political debate

Golden eaglepoisoning stirsScottishGovernmentinto action

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Continued overleaf

of poisons is still alive and well in the Borders area. Thisincident goes to show that people are still willing to takethis risk, and the result is that one of Scotland's finest birdshas now been destroyed. This is criminal behaviour, and I'dask for the public and particularly the gamekeepingcommunity to come forward with information on this orany illegal wildlife crime.’

SSPCA Chief Superintendent Mike Flynn said, ‘The variousagencies concerned are sickened at the mindless poisoningof the female golden eagle found on a grouse moor.Scotland has lost one half of the only breeding pair in theBorders and this could ultimately result in a secondtragedy, as it is unclear if the chick will survive. The ScottishBorders has seen too many incidents involving the illegalpoisoning of birds of prey in the last few years and it isimportant that anyone with information comes forward.’

The debate in the Scottish Parliament follows thepublication of RSPB figures, which show that 2006 was theworst year ever for recorded wildlife poisoning incidents.The ‘Persecution 2006’ report(www.rspb.org.uk/Images/persecution2006_tcm9-

169910.pdf) revealed that 98 allegations or reports ofpoisoning activity in 2006 were received by RSPB Scotland

(compared with 44 in 2005). Forty-two incidents wereconfirmed as pesticide or poison abuse involving killing orthreatening raptors (compared with 19 in 2005) and sixcases involved the possession of pesticides suspected to befor an illegal purpose.

Parliament commended the enthusiasm and commitmentof those involved in the fight against wildlife crime andcondemned those responsible. Parliament went on to urgeMinisters to ensure that each Scottish police force appointat least one full-time police wildlife crime co-coordinator;that wildlife crime cases were prosecuted whereverpossible by fiscals with specialist training; and guidanceshould be produced which pulls together all legislationrelevant to wildlife crime for use by landowners, managersand their staff.

Bob Elliott, Senior investigations Officer with RSPBScotland said, ‘We are pleased that so many importantpoints were raised in the chamber and we look forward tocontributing to the thematic review conducted by PaddyTomkins and Joe O'Donnell. Congratulations to all the PAWpartners in ensuring wildlife crime remains at the top of thepolitical agenda.’

PROSECUTIONS

Housing developer finedfor damaging greatcrested newt habitatTaylor Woodrow DevelopmentsLimited based in Solihull, were fined£2000 with £87 costs after pleadingguilty to damaging or destroying aresting place of great crested newts ata development site in StanstedMountfitchet, Essex following ahearing at Harlow Magistrates Courton the 20 June 2007.

The company was aware of the legallyprotected newts on their site and hadbeen granted a licence by NaturalEngland to enable ecologists tocapture the newts to allow thedevelopment to go ahead. Thecaptured newts were placed in atemporary reserve while new pondswere being created for them nearby.Once the ponds were suitable for thenewts to live in they, and thetemporary reserve, were to be joinedto form a larger reserve.

However, in December 2006 amanager from the company instructedcontractors to excavate the newponds. The contractors drovemachinery over protective fencingonto the newt reserve and placed soilfrom the excavation on top of therelease site.

Wildlife Management Advisers fromNatural England and PC Andrew Long,the Force Wildlife Crime Officer forEssex Police, visited the reserve afterreceiving information, about thedamaging activity from an ecologistworking for the company. The visitprovided evidence for the subsequentprosecution and conviction.

Paul Cantwell, Wildlife ManagementAdviser with Natural England, said,’This case highlights why developersmust take extra care when dealing

with their contractors who are workingwhere there are protected species. Ibelieve this situation was completelyavoidable. I would like to commend PCLong and the Crown ProsecutionService for bringing this case to Court.’

PC Andrew Long, WCO for EssexPolice said, ’This case demonstratesthat Essex Police, working withagencies such as Natural England, canhave a positive impact on wildlifecrime. Essex Police will, wherepossible, investigate matters of wildlifecrime, and if there is sufficientevidence refer the matter to the CrownProsecution Service.’

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Bird ‘Black Hole of Calcutta‘ in EssexA multi-agency investigationinvolving the RSPCA, Essex Policeand RSPB resulted in a Harwichcouple receiving suspended prisonsentences and a life-long ban forkeeping birds in terrible conditions.

Alan Cleave, of Rectory Road, LittleOakley, Harwich admitted to 11separate offences under the Wildlifeand Countryside Act 1981 and theProtection of Animals Act 1901. Andhis wife, Jacqueline Cleave admittedto six separate offences at ColchesterMagistrates Court on 3 October 2007following an RSPCA prosecution.

The offences related to 38 birds ofprey, owls and parrots found byRSPCA, police and RSPB officers atthe property in February 2007. Whenofficers arrived at the house, theyfound the birds living in filthy,cramped conditions. The birdsincluded a Cassin’s hawk-eagle,worth over £10,000, and othersincluding gabar goshawks, kestrels,Indian scops, rufous-thighed andboobook owls, as well as a hobby, aMaximillian parrot and a sulphur-crested cockatoo.

Veterinary bird expert Neil Forbestold the court that the conditions thebirds were being kept in were the‘worst, filthiest and most deplorable’.He added, ‘This aviary is, in myopinion, akin to a bird version of theBlack Hole of Calcutta. After 20 yearsof treating birds of prey, I can saythis is the worst, filthiest site I haveever had the misfortune to visit. It istotally unacceptable’.

RSPCA Inspector Dave Long said, ‘Itis horrendous to see thesemagnificent birds living in theseappalling conditions. If people are tokeep these wonderful birds then theyneed to ensure that they have thenecessary expertise, facilities,finances and time to look after themproperly. These birds were totallyneglected and we are pleased thatthe magistrates have taken into

consideration the suffering caused tothese birds.’

Essex Police WCO Andrew Long said,‘This successful prosecution is ademonstration of how well EssexPolice work with agencies such as theRSPCA and RSPB. I am extremelyhappy with the magistrates’ decision.’

RSPB Investigations officer DuncanMcNiven said, ‘It was depressing tosee a magnificent African raptor likeCassin’s hawk-eagle, which is veryrare in captivity, being kept in suchappalling conditions. All the birdshad an air of dejection about them.However, the forfeiture of the hawk-eagle by the court is the equivalent

of an extra financial penalty.’

Alan Cleave was sentenced to twomonths’ imprisonment, suspended forone year, and ordered to carry out 100hours’ community service. JacquelineCleave received the same sentenceand was ordered to carry out 60hours’ community service. They wereboth ordered to pay £2844.19 costs.They both received lifetime bans onkeeping birds, reptiles andinvertebrates. Additional charges ofpossession of a wild hobby and a wildtawny owl as well as further crueltycharges were dropped by theprosecution during plea-bargaining.

The Cassin’s hawk-eagle: just

one of 38 birds being kept in

appalling conditions

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Taxidermydealer ‘ignorantof the law‘A former Accrington antiques business, which soldstuffed animals illegally, has escaped with a conditionaldischarge and costs of just £65 after its director appearedbefore Hyndburn magistrates.

Darell Kevin Cosgrove, 41, of Globalcount Ltd, whichowned the ‘Sell-it-all’ store formerly based on BlackburnRoad, Accrington, appeared in court on 8 October 2007.The company was given a 12-month discharge andordered to pay costs.

With a warrant in March 2007, Lancashire police assistedby the National Wildlife Crime Unit (NWCU) and RSPB,seized several stuffed animals protected under theConvention on International Trade in Endangered Species(CITES) and Wildlife and Countryside Act. At the time,Cosgrove, who is the son of Accrington businessmanKevin Cosgrove, said it was the last straw for thebusiness and announced his plans to close its doors.Cosgrove, and the store’s manager Paul Barratt, 58, wereoriginally charged with 28 offences under the acts, butbefore trial all charges against them were dropped and14 were discontinued. The firm then pleaded guilty to theremaining 14 charges, which relate to the sale of stuffedanimals, namely a Eurasian eagle owl, three tawny owls,a sparrowhawk, two peregrines, two buzzards, a robin, astarling, a Scottish wildcat, an otter and a red squirrel.

Bernard Horne defending said, ‘This is a very unusual setof offences and it is fair to say it’s something the courtsdo not come across very often. The firm was not aware ofthe legislation in place as it is more used to dealing infurniture, antiques, ceramics and works of art. Theoffences are due to ignorance of the law and there wasnot any attempt to deliberately flout the regulations, itwas a genuine mistake. Some of the animals on sale arebetween 30 and 40 years old and some date back to the1960s, so all they believed they were doing was sellingitems which could be classed as antiques. This is not aglobal company. This is a local business which has alwaysmade a modest return and has had a good bill of health.’

The Chairman of the Bench, Mrs Anne Siburuth, said, ‘Wehave considered the matter and it is clear that you werevery negligent of the law and that you should have doneyour research.’

After the hearing, Lancashire Police WCO PC NickMattock, who led the investigation, said, ‘I am pleasedwith today's result, which demonstrates that the police are willing to work alongside other agencies such as the RSPB and the NWCU to prosecute any firm committing offences of this nature. We are happy

to see the court taking the matter seriously.’

However, RSPB Investigations Officer Duncan McNivensaid, ‘Lancashire Police are being very diplomatic aboutthe outcome of this case. Privately they will bedisappointed by the magistrates’ decision. CITES offencesare amongst the most serious wildlife infractions that thepolice have to deal with and in our book, ignorance of thelaw is no excuse. The fact that an antiques dealer wasfined £2000 last year in Burnley for offences involvingseven CITES specimens (see Legal Eagle 50), yet in a verysimilar case another gets a conditional discharge foroffences involving 14 specimens shows that the courtsare not being consistent.’

Ignorance will certainly not be an excuse from now onfollowing the setting up of the website on information ontaxidermy law by Kim MacDonald of the Guild ofTaxidermists. Taxidermy dealers now only have to clickon to www.taxidermylaw.co.uk to see where they standin relation to legislation.

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Stuffed animals

siezed by police

included a red

squirrel, a species

which is protected

under the Wildlife

and Countryside Act

In July 2007, Anthony George Kountis, a businessman, ofCherry Tree Farm, Lydiate and Adam Kilshawe-Fall, abuilding contractor, of Southport, pleaded guilty todestroying a roost site of brown long-eared bats, aEuropean Protected Species, under the Conservation(Natural Habitats & c.) Regulations 1994.

Kountis had obtained planning permission to convert a barnon his land into a house. A site survey had earlier revealedthat bats were roosting in the roof and MerseysideEnvironmental Advisory Service had advised the council toset a planning condition compelling Kountis to obtain alicence from Natural England to have the bats moved tosafety by an ecologist before any work was started.However, in November 2006 planning officials visiting thesite discovered that the roof of the barn had been completelyreplaced without the necessary licence being obtained or anymitigation work being done, thus destroying the bat roostcompletely. The work had been carried out by Kilshawe-Fallwho was contracted by Kountis to carry out the work.

Merseyside Police WCO Steve Harris investigated thematter and both men were subsequently arrested,interviewed and charged. Kountis claimed he had notread the ecologist’s report or a letter sent to himcontaining details of the planning condition and said hehad delegated responsibility to Kilshawe-Fall. AdamKilshawe-Fall claimed he had not been given a copy ofthe planning conditions but admitted knowing of the

presence of the bats and accepted that he had not waitedfor the bats to be moved and had gone ahead andreplaced the roof, destroying the roost in the process.

Kountis, who is already serving a 15-month prisonsentence for a firearms offence, was fined £500 andordered to pay £500 prosecution costs. Kilshawe-Fall,who was of previous good character, pleaded financialdifficulties because of the project having been stopped.He was fined £250 and ordered to pay £500 costs.

Steve Harris saidafterwards, ’I hope theseconvictions will serve asan important reminder toall those concerned withproperty development thatthey should have properregard for wildlife andensure that they are awareof and comply with therelevant legislation. Allbats, their breeding sitesand resting places arespecially protected by lawand the police willprosecute offenders forwildlife crimes whenever itis appropriate to do so.‘

Developer and builder prosecuted fordestroying bat roost in Merseyside

Doubting Thomas snapped in the actOn 7 May 2006, Josephine and Michael Steel noticed theirnext-door neighbour Steven Thomas, of Haul-Y Fryn,Ferwig, Cardigan destroying an active house martin nestpresent under the gable of his house by using a hosepipeand a tall wooden pole to remove the nest. Josephine Steelwas able to obtain three photographs of the destructionwhilst it was taking place, one of which featured an adulthouse martin hovering just above the nest site whilst thepole could be clearly seen positioned under the gable.

RSPB Investigations were contacted and an investigationwas launched with Dyfed-Powys Police.

Wildlife Crime Officer PC Arwyn Mason interviewed thesuspect, who claimed the nest was not active and that hewas removing it in order to undertake decorating.

The case resulted in a one-day trial at Cardigan MagistratesCourt on 18 May 2007. The prosecution was supported byexpert evidence from RSPB Investigations Officer MarkThomas while the defence employed ex RSPB Head ofInvestigations Peter Robinson in a similar role. The court

heard detailed evidence from all parties, particularly inrespect of house martin breeding ecology.

The court found Michael Steel and Mark Thomas to becredible witnesses and concluded that the house martinnest was active, as Michael Steel had been watching itsconstruction, which was almost fully completed at the timeof the incident. Furthermore, the court believed MichaelSteel that it was his neighbour Steven Thomas whom hehad seen destroying the nest and commented that thephotographs from Josephine Steel were useful inconfirming events.

The court found Steven Thomas guilty and he was fined£400 with £300 costs.

The case went to appeal at Swansea Magistrates Court on3 August 2007 when the verdict was upheld with MichaelSteel having to pay another £500 in costs.

RSPB wishes to thank Mr and Mrs Steele and PC Mason.

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Over the past five years, Legal Eagle has regularlyreported on the success of Operation Compass – the anti-egg collecting operation based in East Anglia. During2006, one major incident occurred resulting in asuccessful conviction for a millionaire wader thief.

On 4 June 2006, Natural England wardens at Scolt HeadNational Nature Reserve, Norfolk noticed a man enter afenced enclosure on Brancaster Beach and take the eggsfrom an active ringed plover nest, situated under an anti-predator cage.

The man and a juvenile, who was with him, both realisedthey were being watched and headed off into an area ofdense scrub nearby.

Norfolk Police were called and a police dog unit eventuallyfound the two people hiding under a blanket. Neither wasfound in possession of any ringed plover eggs but bothwere arrested and taken to King’s Lynn Police Station.

Whilst in custody the home address of the man, PaulZwetsloot, Tally Ho, Bushmeade Road, Upper Staploe,Bedfordshire was searched by Bedfordshire Police led byexperienced WCO Inspector Phil Cannings

Bedfordshire Police found a large netted lake at thepremises containing numerous wading birds includingavocets, oystercatchers, golden plovers, curlews, lapwingsand redshanks. In addition, a number of juvenileoystercatchers, curlews, golden plovers, common

sandpipers and red grouse were found at the premises,together with a number of wader eggs all housed withinpurpose-built rearing facilities and incubators.

A number of birds thought worthy of further investigationwere seized and DNA samples were taken to ascertainparentage of selected species. The birds were then kindlyhoused by Golders Green Zoo, London.

Paul Zwetsloot was interviewed and admitted a variety ofoffences related to the taking of wild bird eggs.

On 28 February 2007 at King’s Lynn Magistrates Court,Zwetsloot pleaded guilty to five offences between Apriland June 2006 relating to the taking of oystercatchereggs from Scotland, common sandpiper and red grouseeggs from Yorkshire, snipe eggs from Bedfordshire andthe ringed plover eggs from Norfolk.

Zwetsloot was fined a total of £2500 and ordered to pay£1875 costs.

After the case, a number of oystercatchers, commonsandpipers and snipe were released back to the wild.

RSPB wishes to thank the Operation Compasspartnership, particularly the Natural England wardens inthis case, PC Jon Hopes and DC Jerry Simpson, InspectorPhil Cannings and PC Martin Anstee, Ben Potterton, theInternational Zoo Vet Group, Golders Green Zoo, WildlifeDNA Services, and CPS prosecutor Nick Crampton.

Wader thief caught under cover

On 6 June 2007, Mr Kee Chung, aresident of Bromley, Kent pleadedguilty at Bromley Magistrates Courtto two offences of storing and usingthe unapproved pesticide carbofuran.He was fined £3200 with £1600 costsafter pleading guilty.

In March 2006, some dead foxes werefound in a neighbour’s gardens.Samples taken from one of the foxesshowed that there was a significantresidue of the pesticide. WildlifeAdvisers from Natural England, PoliceWildlife Crime Officers from Bromleyand the Metropolitan Police WildlifeCrime Unit visited the area again.After searching the rear garden of MrChung’s house they found somepurple coloured granules in a plasticbox in a shed. Analysis confirmed thepellets contained carbofuran. Theapproval for all carbofuran productswas withdrawn in 2001, but thisremains the most regularly abusedproduct in wildlife poisoning cases. MrChung claimed that this material wasa weed killer and admitted that he hadbrought this in from Hong Kong.

Paul Butt, Wildlife ManagementAdviser with Natural England stated,’This case highlights why pesticidesmust be properly stored andlabelled. This dangerous chemicalwas found in an unmarked containerin an unlocked shed. There couldhave been serious and possibly fatalconsequences if it had been found bychildren or other people. We are veryconcerned about toxic pesticidesbeing brought in to the country withthe express purpose of poisoninganimals. This is illegal, indiscriminateand cruel. If concentrated, thesechemicals are highly dangerous. Ifeaten, only a few grammes couldprove to be fatal. We take thesematters seriously and continue totake enforcement action.’

Householder convicted of possessingand using illegal pesticides

Carbofuran product found

at home of Chung

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FEPA fines for farmerOn 26 July 2007, at Doncaster Magistrates court, farmerStewart Peter Woolhouse of Kilnhurst Road, HootonRoberts, S Yorks was fined £2000 for three offences ofunlawful storage of pesticides contrary to the Food andEnvironment Protection Act 1981.

On the morning of 21 August 2006, a local birdwatcherwas at Thyrbergh Country Park when he noticedWoolhouse‘s Land Rover crossing nearby farmland.Watching through his telescope, he saw the vehicle stopand Woolhouse walk across to the base of a hedgeline.He bent down and picked up a rabbit carcass, appearedto examine it, then threw it over the bush into the edge ofthe uncultivated field.

There was a small-scale partridge shoot on the farmmanaged by Woolhouse, and the witness was concernedthat the rabbit may have been a poison bait. He went tothe location and found the rabbit carcass, which appearedto have been cut open and a granular substance appliedto the chest cavity. He recovered this and, after speakingwith a Park Ranger, contacted the RSPB.

The RSPB attended and contacted WCO PC HazelVaughan of the South Yorkshire Police. On 23 August, awarrant and field search took place assisted by NaturalEngland and the National Wildlife Crime Unit. On thefarmland, two cut open partridge carcasses were found,again laced with a granular material. At Woolhouse‘shome a number of farming-related pesticides were foundto be unlawfully and insecurely stored. Sweepings werealso taken from the floor of Woolhouse‘s Land Rover.

Analysis of the carcasses and the sweepings confirmedthe presence of the agricultural pesticide aldicarb; this

has been a regularly abused product involved in 12% ofwildlife poisoning cases in the last 10 years.

Woolhouse was arrested and interviewed. He accepted heundertook the predator control for his partridge shoot butstated he could not specifically remember the incidentinvolving the rabbit and denied any involvement in layingpoison baits. He did not use any pesticides containingaldicarb on his farm, and suggested the traces in hisvehicle were the result of him walking over the areacontaminated by whoever had put the baits on his land.Following consultation with the CPS, Woolhouse wasreported for a number of offences relating to the poisonbaits and unlawful storage of pesticides. Woolhousepleaded guilty to two storage offences and the remainingmatters proceeded to trial. Although he was convicted ofthe remaining storage offence, his acquittal on othermatters was disappointing.

The RSPB would like to acknowledge the efforts of WCOHazel Vaughan and the CPS in this case plus the originalwitness Mr Smethurst, who reported the matter.

Pigeons and pheasants used as baitA Borders gamekeeper who

admitted using live pigeons as bait

and lacing pheasant carcasses with

poison has been given 220 hours of

community service.

George Aitken, 56, admitted eightwildlife offences at Selkirk SheriffCourt while not guilty pleas wereaccepted to another seven charges.

He was caught in August 2006 in ajoint operation by RSPB Scotland, theScottish Society for the Prevention ofCruelty to Animals (SSPCA), led byLothian and Borders Police and theScottish Executive. Banned pesticidesand traps were found at Blythe Farmnear Lauder. Carcasses of pheasantslaced with carbofuran had been laidout only metres from the SouthernUpland Way – a route popular withwalkers. Homemade illegal cage

traps containing live pigeons werealso found on the estate.

Mr Aitken turned up for sentence atSelkirk Sheriff Court wearing a blackfull-face ski-mask and a combatjacket. He was described by policeofficers as showing no remorse forhis blatant disregard of the Wildlifeand Countryside Act.

Sheriff Kevin Drummond expressedhis dismay at the scale of theoffences and after backgroundreports were taken into consideration,handed down a sentence of 220hours community service.

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Aitken (in ski-mask)

leaves court

Pesticide arsenalWCO PC Karl Webster of the Derbyshire Police reports

on a conviction following the finding of a disturbing

hoard of pesticides.

In June 2006, two dead ravens were picked up at a disusedquarry near Wirksworth. Analysis confirmed the presence ofmevinphos which, though banned in 1993, has a long historyof abuse in wildlife poisoning. Around 10 years earlier thiswas the first site to welcome the return of ravens as abreeding bird to the county. There had been previouspoisoning incidents in the area.

Following intelligence, a warrant was executed at the homeof Peter Philips at Water Lane, Middleton-by-Wirksworth,Derbyshire. Natural England and the NWCU assisted withthe search. Phillips, a local quarryman, also had a longhistory as a pest controller. It appeared Phillips had apredilection for killing and every room contained relics andreminders of shooting, hunting, trapping and death. Whatwas of more concern was the arsenal of pesticidesunlawfully stored on the premises. He still held strychnine,recently taken off the market, from his previous days as amole catcher. However, he had no credible explanation forthe other products found. The lid on a blue barrel held in anoutbuilding was unfastened to reveal a tin of the bannedfumigant Cymag. There was hydrogen cyanide gas leakingfrom the product and an officer of Natural England was lateradmitted to hospital as a precaution after feeling unwell.Fortunately, he suffered no lasting effects. A utility room inthe house held containers holding alphachloralose and

carbofuran, the two most commonly abused products inwildlife poisoning cases, and a tube of the fumigant Talunexin a kitchen drawer. A syringe on a windowsill was found tocontain traces of the pesticide Lindane. Four containers ofPhosdrin, containing the highly toxic mevinphos, were foundin the loft. To top this off, Section 1 ammunition washaphazardly lying around in several rooms.

A comprehensive file was prepared and it was calculatedthere were enough pesticides to kill more than 6000 people.RSPB Investigations provided a statement outlining theabuse history of the products found and stating that thesyringe was entirely consistent with a ‘poisoner’s kit’contrary to the Wildlife and Countryside Act 1981. However,Philips denied any illegal use of the products at his homeand there was no direct evidence to link him with thepoisoning of the ravens or other incidents.

On 31 July 2007, Phillips pleaded guilty at ChesterfieldMagistrates Court to six offences of unlawful storage ofpesticides contrary to the Food and Environment ProtectionAct 1984. He was fined £2000 with a further £100 for failingto comply with the conditions of his firearms certificate. Theoffence relating to the syringe under the Wildlife andCountryside Act 1981 was withdrawn.

I would like to thank the officers from Natural England andRSPB, and Alan Roberts of the NWCU for their assistancewith this investigation.

Pesticides seized at Philip’s

home were sufficient to kill

over 6000 people

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On 27 September 2007, gamekeeperRichard Lawrence Mcmorn pleadedguilty at Berwick Magistrates Courtto four offences contrary to the Foodand Environment Protection Act 1985(FEPA) and the Control of PesticidesRegulations Act 1986 (COPR). Thisfollowed a joint investigationbetween Northumbria Police, NaturalEngland and the RSPB. He was fined£600 with £70 costs.

On 9 June 2007, the defendantMcmorn was involved in a roadtraffic accident near Scremerston,Berwick upon Tweed,Northumberland. Mcmorn, 48, a self-employed gamekeeper from Ancroft,Northumberland, was seen to take ajar of a dark powder from hisLandrover and hide it by theroadside. This was recovered byother people at the scene andeventually passed to the police.Mcmorn was interviewed and

admitted the product was ‘Yaltox’(which contains the active ingredientcarbofuran, approval for which waswithdrawn in 2001). Mcmorn statedhe had acquired this about sevenyears previously, though would notname the source.

Government records show thatcarbofuran is the most regularlyabused pesticide for the illegalpoisoning of wildlife, and has featuredin around 30% of all UK cases in thelast 10 years. However, McMorndenied using the product for layingpoison baits, claiming he had got it todeal with wasps (though it has neverbeen approved for such use).

On 12 June 2007, the police, assistedby Natural England and the RSPB,executed a search warrant at hishome. In a cupboard inside hishouse, a tube of the very toxicfumigant Phostoxin was found.McMorn had no facilities for storing

fumigants or any other pesticides.Mcmorn stated that he also hadsome of the fumigant Cymag, andtook the search team to one of hisrelease pens and showed them anunmarked glass jar of powder lyingon the ground. Analysis by NaturalEngland confirmed this as Cymag;the approval for this product waswithdrawn in 2004.

The RSPB wishes to thank WCO PCAndy Swinburne for his efforts withthis investigation and the assistanceprovided by Natural England.

Gamekeeper‘s poison panicWCO PC Andy Swinburne

during the search of

McMorn‘s home

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Wildlife Crime Officer PC Andy

Swinburne of the Northumbria

Police reports.

On 13 March 2007, ‘OperationNewark’ was executed at BradfordKaims, near Belford, Northumberlandby Northumbria Police assisted bythe RSPCA Special Operations Unitand the Northumberland WildlifeTrust Badger group.

Recent amendments under theNatural Environment and RuralCommunities Act 2006 now allowsearch warrants to be obtained underthe Wildlife and Countryside Act 1981for offences contrary to the Badgers

Act 1992. Two search warrants wereobtained to allow evidence to berecovered from designated areas ofland. A period of covert surveillancewas undertaken and two men wereobserved digging into a sett withspades. Robert McCarthy, theHuntsman for the Duke ofNorthumberland's Percy Hunt, andanother male were apprehended andarrested for interference with abadger sett. Examination confirmedthat all the entrances to the settunder surveillance plus those to asecond sett had been filled with soil.

The introduction of the Hunting Act2004 repealed exemptions which hadallowed the lawful exemptions to theProtection of Badgers Act 1992 oftemporarily obstructing or ‘stoppingup’ badger sett entrances. Duringinterview, McCarthy and the othermale were adamant that the settswere in fact fox earths. Even whentemporary stopping of badger settswas allowed this only allowed lightmaterials to be used.

To support the observations of thebadger experts, samples of hair,bedding, and dung were seized fromeach sett prior to offences beingcommitted to confirm they wereactive badger setts. A sample of hairtaken from each sett was comparedby Wildlife DNA Services with theBadger DNA Database to confirmthat they were badger hairs. It isbelieved this weight of evidencehelped ensure an early guilty plea.

From the outset this was a potentiallyhigh profile politically sensitive case,but the excellent collaboration of theagencies involved allowed strongevidence to be gathered. On 7 August2007, Robert McCarthy appeared atSouth East NorthumberlandMagistrates Court and pleaded guiltyto two offences of badger settinterference, contrary to Section3(1)(b) of the Protection of Badgers Act1992. He was given a conditionaldischarge for nine months and costsof £43. The other male later receivedan adult caution for the same offences.

Huntsman convicted for badger sett interference

Video grab from cover

footage of two men

interfering with badger sett’

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Swans massacredOn 9 October 2007, RSPB Investigations were called to alake at Radwell, Bedfordshire, where workmen haddiscovered 29 freshly dead mute swans buried in a pit.Veterinary examination of the swans, and a marsh harrierand grey heron also found in the pit, indicated that all thebirds had been shot.

Commenting on the investigation, RSPB InvestigationsOfficer Mark Thomas said, ‘This is one of the worstincidents that RSPB Investigations have dealt with in thelast 10 years.

‘Someone attempted to hide the killing of these birds butthe body of at least one swan was visible and onexcavation with a machine it soon became apparent this

was a mass grave containing numerous swans. ‘

From the evidence at the scene, it was clear that this wasnot the work of youths. The investigation is centred on anorganised and deliberate act to eradicate swans from thisparticular lake. RSPB are now appealing for the public ‘shelp and believe the killings took place over the weekendof 6–7 October 2007.

The investigation has received good TV coverage(featuring as the main news item on regional ITV Anglianews) and was reported in several national newspapers.

Bedfordshire Police are leading on the enquiry and canbe contacted on 01234 841212.

Efforts to revive Ireland ‘s once extinct red kite populationhave been dealt a blow after a bird released in the Wicklowmountains was found shot dead on 28 August 2007.

The bird, set free six weeks previously with 29 other kites,had been hit with shotgun pellets and was found onfarmland north of Arklow in County Wicklow. Red kitesare fully protected under Irish wildlife laws and the Gardahave investigated the background to the incident.

The Golden Eagle Trust (GET), which is managing theproject with the National Parks and Wildlife Service andthe Welsh Kite Trust, said the loss was a major blow.‘Obviously, after all the hard work and support for the

project in Wicklow, nationally and in Wales, it is veryworrying to recover a shot kite so soon after <?>theyhave been released, ‘ said GET project manager DamianClarke, ‘But I must stress that the level of support from allthe local farmers, landowners and local gun clubs andshooting syndicates has been excellent. ‘

Red kites were driven to extinction in Ireland fromshooting, trapping and poisoning even though they poseno threat to either game birds or livestock. Kites are notpowerful predators and feed mostly on carrion as well assmall mammals, insects and worms.

‘We hope that all landowners can advise people shootingon their property that red kites must be left unmolested.These species are fully protected by the law and it isillegal to shoot red kites, by mistake or otherwise, ‘ saidMr Clarke, ‘It is very unfortunate that we should recover ashot kite during National Heritage week – it once againhighlights the importance that everyone needs to play arole in protecting Ireland‘s natural and cultural Heritage.‘

The red kite programme is one of three schemes toreturn previously extinct birds of prey to the Irish skies.Scottish-sourced golden eagles have been released inDonegal since 2001 and one pair bred successfully in2007, the first time since breeding ceased there in 1910.Also in 2007, 15 Norwegian white-tailed eagles werereintroduced to Killarney National Park in County Kerry inan ambitious five year-project.

In a new project, RSPB Northern Ireland is hoping to startreintroducing red kites to the South Down area ofNorthern Ireland in summer 2008.

NEWS

Red kite found shot dead in Wicklow

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The red kite

programme is one

of three schemes to

return previously

extinct birds of

prey to Ireland

Greater conservation for EuropeanProtected SpeciesDolphins, marine turtles, otters and other EuropeanProtected Species (EPS) and their habitats will benefit fromincreased protection introduced in the UK on 21 August2007. These new laws change the UK Habitats Regulationsand introduce the new Offshore Marine ConservationRegulations. People now have to consider, in a widerrange of circumstances, the presence of these protectedspecies and their breeding sites or resting places.

Anyone who wishes to possess specimens of a protectedspecies now needs a genuine reason for doing so, andmust demonstrate this is compatible with the Regulations.Tougher rules on the trading of protected European specieswhich are non-native to the UK also act as a deterrent tothe killing or taking of such species from the wild.

The transposition of the Habitats Directive in the UK wassubject to two European Court of Justice Judgments. Inthe light of these judgments, the Habitats Regulations inEngland and Wales have been amended and the WildBirds Directive and Habitats Directive transposed beyondUK territorial waters.

The judgments ruled that existing species protectionprovisions in the Habitats Regulations were not fullycompatible with the strict species protection regimerequired by the Habitats Directive. A separate, relatedjudgment ruled that trade in all species listed on Annex IVof the Habitats Directive should be prohibited rather thantrade in just those species found in Great Britain.

The principal offences for protecting animals under theHabitats Regulations address the deliberate capturing orkilling; deliberate taking or destroying of eggs; deliberatedisturbance; and damaging or destroying a breeding siteor resting place of Annex IV species resident in the wildin Great Britain, that is European Protected Species (EPS).For plants there is an offence covering deliberatelypicking, collecting, cutting, uprooting or destroying a wildplant of an EPS. The Habitats Regulations provide certaindefences to these offences that may operate in clearlyspecified circumstances.

The majority of the defences originally in the HabitatsRegulations will be removed. This includes the ‘incidentalresult defence’ which applies to acts which couldconstitute an offence but were the incidental result of anotherwise lawful activity and could not reasonably havebeen avoided. In the absence of such a defence, theoffence prohibiting disturbance of EPS is amended tobetter reflect the terms of the Directive and to allow trivialacts of disturbance to continue without constituting anoffence and therefore requiring a licence.

The prohibition covering possession and trade (includingtransport and exchange) of species taken from the wild willbe extended to include all species listed on Annex IV of theHabitats Directive, not just those that are resident in the

wild in Great Britain. In addition, the exception coveringspecimens that were lawfully taken from the wild will berestricted and its application will depend on where andwhen the species was taken. For species originating fromthe UK, for example, the exception will apply only tospecimens taken from the wild before 10 June 1994 (theimplementation date of the Habitats Directive in the UK).Where the restricted defence does not apply, a licence willbe required to continue to possess and trade in thespecimens in question.

The new Offshore Marine Conservation Regulations willextend protection to marine species, wild birds andhabitats out to 200 nautical miles. A number of SpecialAreas of Conservation and Special Protection Areas will beidentified and protected in the offshore area. The firstseven draft sites will be consulted on imminently. The newOffshore Marine Conservation Regulations apply to all seausers in the offshore area and prohibit the deliberatekilling or disturbance of European Protected Species,including dolphins, turtles and sturgeon.

For more information on the amendments to the HabitatsRegulations see www.defra.gov.uk/wildlife-countryside/

ewd/index.htm and www.opsi.gov.uk/si/si2007/

uksi_20071843_en.pdf

For more information on the Offshore MarineConservation Regulations seewww.defra.gov.uk/marine/biodiversity/index.htm

The Marine and Fisheries Agency will be responsible forissuing wildlife licences under these Regulations. Certainstrict tests will have to be met for a licence to be issued toensure that the affected species are adequately protected.See www.mfa.gov.uk

Creeping Marshwort Early Gentian Fen Orchid Floating-leaved Water

Plantain

Killarney Fern Lady‘s Slipper Shore Dock Slender Naiad Yellow Marsh Saxifrage

European Protected Plants (whose natural range

includes GB)

Bats, Horseshoe (allspecies)

Bats, Typical (all species) Common Otter Dolphins, porpoises and

whales (all species) Dormouse (but not edible

or fat dormouse)

Great crested newt Large Blue Butterfly Marine Turtles Natterjack Toad Sand Lizard Smooth Snake Sturgeon Wild cat

European Protected Animals (whose natural range

includes GB)

Peregrine Northern Ireland Study

Conference newsThe 19th annual UK Police and Customs WildlifeEnforcement Conference took place on 9–11 October 2007at the Villa Marina on the Isle of Man. Around 125delegates attended, representing police forces across theUK, Government departments and voluntaryorganisations with an interest in wildlife law enforcement.

The conference was opened by The Honourable GeorgeMartin Quayle MHK, Minister for Home Affairs within theIsle of Man Government, followed by strategic messagedelivered by Defra, Her Majesty‘s Revenue and Customsand the Police Service. Delegates were also pleased towelcome for the first time Natural England‘s newlyappointed Regulatory Director; Ian Fugler, and, from theMarine Fisheries Agency, Neil Wellum and Juliette Parker.

There was a great variety of talks, including someinteresting cases from around the UK as well as somelocal speakers including Fiona Gell from the Isle of ManDepartment of Agriculture, Fisheries and Forestry, whogave an interesting insight into the local wildlife. ChrisSharpe from the Manx Bird Atlas also gave an

entertaining after dinner speech followed by the results ofthe annual Conference Quiz, which saw Barry Fryer, Headof the RSPCA Specialist Operations Unit, accepting thebottle of bubbly on behalf of the winning RSPCA team.

The conference was an extremely useful event, withNWCU announcing their new priorities and Nick Cramptonfrom CPS providing the audience with advice on how bestto work with the CPS and the new importance of SSSJ(simple, speedy, summary justice). Graham Rankin of theDurham Constabulary also highlighted the importance ofusing Cross Compliance in enforcement, and Ian Knox ofthe Metropolitan Police highlighted the need for a reviewin the COTES legislation.

The workshops covered a wide variety of issues, withtopics to interest everyone, including: tortoises, wildlifepoisoning, The Animal Welfare Act, poaching, Regulationof Investigatory Powers Act/Covert Human IntelligenceSource, Environment Agency Enforcement and improvingControl of Trade in Endangered Species Regulations.

Are peregrines in Northern Ireland declining as a result of human persecution? A recent RSPB study involvingnearly 30 years of peregrine survey data aimed to answerthis question. The data, collected by Jim Wells and othermembers of the Northern Ireland Raptor Study Group(NIRSG), were used to test whether human persecutionmay have contributed to the reduction in the peregrinepopulation – from 96 pairs in 1991 to 87 pairs in 2002.Reports of persecution of peregrine nests have increased in recent years, and in Northern Ireland it issuspected that persecution is linked to some of thepigeon racing fraternity.

Fifty cases of proven persecution were recorded at 35territories between 1977 and 2005 in Northern Ireland. Afurther 128 suspected instances of persecution occurred,but these were not used in the analysis. Nearly all (93.6%)of the suspected events occurred at known persecutedterritories. Types of persecution included the removal ofeggs or young from the nest, soil dumped on eggs, andshooting or poisoning of birds.

Sites that peregrines had used during the breedingseason were defined as a ‘territory‘, and could be used bya pair of peregrines, a single bird or may have beenvacant. The survey investigated whether young birdswere fledged at a territory, and whether evidence ofpersecution was found. The study also looked at otherfactors, such as territory habitat and altitude.

The results showed that over time, persecuted territories

were less likely to hold a pair, and more likely to hold asingle bird or be vacant. The probability of fledgingyoung was lower in pair-occupied territories that arepersecuted than in non-persecuted pair territories.Persecuted territories produced fewer nestlings per pairthan non-persecuted territories. The probability of youngfledging was lower in pair-occupied territories that arepersecuted than in non-persecuted pair territories.

This indicates that human persecution may be having aneffect on the peregrine population of Northern Ireland.The research is likely to have underestimated the amount of persecuted sites, as persecution is oftendifficult to detect and some persecution happens awayfrom the nest (eg shooting of adult peregrines).Therefore, the decline in the Northern Ireland peregrinepopulation since 1991 may be at least in part attributableto human persecution.

The RSPB will be working to fulfil the mainrecommendations in the report:

• with the NIRSG and the Police, to establish a systemof reporting and collating persecution incidents, and

• to ensure more research and monitoring to allowpopulation modelling to draw more definitiveconclusions.

The RSPB also supports the initial work that has beenundertaken between the NIRSG and local pigeon racinggroups to raise awareness.

WWF WildlifeLaw Enforcer ofthe Year AwardNigel Lound of Lincolnshire Police has been named thisyear’s WWF Wildlife Law Enforcer of the Year in recognitionof his work against wildlife crime. Heather Sohl, WildlifeTrade Officer at WWF said, ’Constable Lound has shown areal commitment to tackling wildlife crime. We need moreofficers like him across the country not only to bring thecriminals to justice once crimes have been committed, butalso to help raise awareness and educate the public toreduce wildlife crimes in the first place. His outstandingefforts help local wildlife, but also benefit the conservationof endangered species at a global level.’

Constable Lound is currently investigating the sale of twoMoluccan cockatoos which he believed to be stolen orimported illegally. The suspect was traced and interviewedand a file has now been submitted to the CrownProsecution Service. Constable Lound also successfullyprosecuted a local builder who had demolished a buildingknowing it housed bats and was therefore legally protected.Lound has made it a priority to increase awareness ofwildlife crime, its enforcement and prevention. Thisadditional work includes giving presentations to localschools, community groups and businesses as well asproviding training and support to his fellow officers. He iscurrently filming a documentary entitled Wildlife 24/7, whichaddresses the issues of endangered wildlife and rare plants.

Nigel Lound said, ’I am delighted to have received thisaward. To have been nominated along with the otherdedicated deserving people working in this field is verypleasing but until Wednesday evening when the awardswere presented I did not even know that I had beennominated. I was stunned and surprised when my name

was called out. I accept the award on behalf of LincolnshirePolice and particularly the five colleagues who work withme in this area, I see this as very much a team effort andwithout their support I would not have won. The ChiefConstable Tony Lake also deserves a mention, as withouthis help I would not have had the vehicle, the equipment orthe resources to do my job.’

The runner up has been named as Andrew Steel, an HMRevenue and Customs Investigation Officer based inLondon. He has been actively involved in investigatingwildlife trade offences for the past seven years.

Defra’s Biodiversity Minister, Joan Ruddock, said, ’I too wishto pay tribute to Nigel Lound and Andrew Steel andcongratulate them on winning these awards. Both haveshown great dedication and professionalism and have madea real contribution to the fight against national andinternational wildlife crime. I'd also like to take thisopportunity to thank all the other Police and Customsofficers who enforce wildlife law throughout the UK andwho are gathered on the Isle of Man this week for theirannual conference. Many of them carry out their wildlife lawenforcement responsibilities in their own time and inaddition to their other day-to-day responsibilities, whichmakes their achievements even more remarkable.’

Bushmeat updateIn order to assess possible infringements of theConvention on the International Trade in EndangeredSpecies of flora and fauna (CITES) through the illegalimportation of meat into the UK, a pilot study wasundertaken to identify the species composition of meatseized entering the UK at Heathrow airport. The projectinvolved teams from HMRC, Defra Global Wildlife andInternational Animal Health and the Food StandardsAgency. There was backing from the International Fundfor Animal Welfare (IFAW) and the forensic work wasundertaken by Wildlife DNA Services (WDNAS).

Samples were obtained through seizures of illegalimports of meat on five separate occasions during late2005 and early 2006. In compliance with licensing

regulations, DNA was extracted from samples at point of seizure by WDNAS in a converted customs interview room, prior to genetic identification at theWDNAS laboratories.

Sixty-two meat samples were chosen as possible wildmeat of which seven (four pangolins, one marsh buck,one cane rat and a wild pig species) were identified aswild meat, with the remainder originating fromagricultural animals. Of the wild meat samples, five(pangolins and marsh buck) were identified as belongingto CITES regulated species. The majority of the importedmeat was likely for personal use. Some of the wild meatsamples entering the UK from Africa did so fromEuropean transit flights.

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PC Lound (right) accepting his award and cuddly panda

Smuggling setbackThe CID in the North German town of Steinfurt inMunsterland landed a big coup yesterday – and theinternational animal smuggling trade suffered a bigsetback. The breeding enclosures and business premisesof two bird traders, both well-known throughout Europe,were raided and searched. The police found andconfiscated over 300 birds of protected species includingdotterel, greater sand plover, redshank, curlew, varioustern species, pratincoles and even woodchat shrike. Thetwo suspects were unable to prove the origin of the birds;many rings were unclosed or forged and some birdswere not ringed at all.

The head of the smuggling ring was caught red-handedby the Norwegian customs two years ago. His VWminibus at that time had been equipped with concealedcompartments that contained numerous wader and songbird eggs and chicks.

The internet activities of the traders had been monitored forsome considerable time. Although they had been offeringmost uncommon species for sale for years, charges laidwith the police had not been successful to date.

More information and pictures (at present in Germanonly) at www.komitee.de/index.php?metelen

Hungarian customs officers found and seized aconsignment of carcasses of hundreds of protected birdsfrom a Romanian bus leaving Hungary for Austria atRabafuzes, a customs official said on 17 October 2007.

The bus arrived at the border late on Tuesday <?date >andcustoms officers found around 400 dead birds in a baghidden above the rear wheels. According to preliminaryestimates, the birds, including woodlarks, great tits,chaffinches and greenfinches are worth around 16,000 Eurosto the bird trade.

Carcasses ofprotected birdsseized fromRomanian bus atAustrian border

INTERNATIONAL

Over 300 birds of protected species

like redshank were confiscated

following raids by German police

Hungarian customs officers found

around 400 carcasses of protected

birds including woodlarks

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Slaughter on Cyprus BirdLife Cyprus, has recorded one of the worst singleincidents of the slaughter of birds of prey in Europe inrecent years.

The incident, which took place within the Akrotiri BritishSovereign Base Area (SBA), involved the gunning downof 52 red-footed falcons, which were migrating throughthe island. This species is in serious decline acrossEurope and listed by the IUCN as ‘near threatened’.

On Friday 5 October, 46 red-footed falcons wererecovered dead, and another six were left with horrificinjuries and later died. Mike Miltiadous, a BirdLife Cyprusresearch officer, said, ‘I have never come across such ascale of a massacre of birds of prey in Cyprus. TheAkrotiri SBA shares a border with the Republic, and it isreported that hunters are taking advantage of the lack ofjoint anti-poaching patrols by the SBA Police and theCyprus Game Fund, which regulates hunting on behalf ofthe Cypriot government. There are reports of hunters“running wild” along the border between the SBA andthe Republic, simply stepping across the dividing line toavoid detection.’

BirdLife Cyprus also called for an immediate ban onshooting on the entire Akrotiri peninsula. Althoughalmost all the peninsula is a protected reserve, a narrowcoastal strip along the west is opened for hunting turtledoves and quails from early September to mid-October.

The SBA Police have stated that they have made twoarrests in connection with the incident and two local menwill appear in court on 6 November. The potentialmaximum punishment is a fine of £10,000 and threeyears in prison.

Dr Ian Davidson-Watts, Head of the SBA EnvironmentDepartment stated, ‘We are disgusted by this wanton act

of cruelty to such an important migratory species. It isironic that due to the protection of the habitat, theSovereign Base Areas, as well as being a hotspot formigratory birds, have also become a hotspot for illegalhunters. The SBA Police, working with the Cyprus GameFund, have spent over 1000 hours on anti-poachingactivities in 2007 and made 17 arrests. We believe thatenvironmental education will be very important to tacklethis in the long term and are pleased that ourEnvironmental Education Centre at Akrotiri has beenselected as part of the RoC's school's curriculum. Throughthis work we hope that future generations on Cyprus willappreciate more fully the value of their exceptionalnatural heritage and not tolerate such activities.’

A Californian man has been charged with using his falseleg to smuggle three endangered iguanas from a naturereserve in Fiji to the United States. Prosecutors sayJereme James stole the banded iguanas while on a visitto the South Pacific island in 2002. He is alleged to haveconstructed a special compartment inside his prostheticlimb to move the reptiles.

Officials began investigating Mr James after receiving atip off that he was in possession of several of the beasts.The Fiji Island banded iguana, noted for its bright greenskin, is threatened with extinction and protected underthe Convention on International Trade in EndangeredSpecies (CITES). James could face up to five years inprison if convicted.

Having been informed that James had several specimensat his home, the United States Fish and Wildlife Servicelaunched an undercover investigation into his activities.On one occasion, James allegedly told an undercoveragent that he sold three banded iguanas for the sum of$32,000 (£16,000) four years ago. When James's housewas searched in July, agents are said to have found afurther four banded iguanas.

Officials say they think James was breeding the animalsfor sale. ‘That's what we believe has been going on,’ saidAssistant US Attorney Joseph O Johns. ‘Mother Naturehas taken her course.’

The iguanas will now be placed in a breeding programmein the US.

Man steals iguanas in false leg

In one of the worst incidents of the illegal killing of birds

of prey in Europe in recent years, 52 red-footed falcons

were found slaughtered on the island of Cyprus

RS

PB

UK Headquarters

The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters

25 Ravelston Terrace, Dunedin House, Edinburgh EH4 3TP Tel: 0131 311 6500

The RSPB is the UK charity working to secure a healthy environment for birds and wildlife,helping to create a better world for us all. Webelong to BirdLife International, the globalpartnership of bird conservation organisations.

Northern Ireland Headquarters

Belvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales Headquarters

Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

I N T E R N A T I O N A LBirdLife

The RSPB

Regd charity England & Wales no 207076, Scotland no SC037654 232-2093-05-06

For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw

www.rspb.org.uk

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions

in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,

by e-mail to ian.west@rspb.org.uk or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those

of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to elizabeth.gilder@rspb.org.uk.

Write to be read

Blog off!RSPB Investigations recently launched its own web blog. This is an internet diary page featuring the latest views fromthe front line of bird protection.

The diary can be visited at blogs.rspb.org.uk/investigations

AND FINALLY

A judge in Philadelphia convicted a longshoreman of killing 189 gulls that wereroosting at a marine terminal and fined him the minimum $14,175 ($75 per bird).

Daniel Gallagher, the president of an International Longshoremen’s Union local,was also ordered to pay $5000 in restitution for a company-owned pickup truckthat was wrecked when he ploughed through the birds and crashed.

Gallagher had previously testified that he was talking on a walkie-talkie andtrying to grab a spilling coffee cup when the gulls flew up in front of hiswindshield in February 2006.

’I don’t know if I hit the brakes or not,‘ he said. ’I just panicked.‘

Assistant District Attorney Bill James said Gallagher ’went out of his way'’ todrive through the flock at Packer Marine Terminal. He also showed a videotapeof a 200 ft (60 m) path of dead birds.

Prosecutors had requested Gallagher, of South Philadelphia, be fined themaximum of $47,800. Municipal Court Judge Deborah Shelton Griffin rejectedthat figure, saying she believed the bird massacre was the result of an accident.

Gallagher’s lawyer, S Philip Steinberg, said he would appeal and seek a trial inCommon Pleas Court.

Philadelphia carnage189 ring-billed gulls were

killed when a pickup truck

driven by Daniel Gallagher

ploughed through the

roosting birds

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