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Gamekeeper on Scottish estate convicted of placing poison bait

17/11/2010 14:24:05
birds/june_2009/golden_eagle_poisoned_rspb

RSPB Scotland Head of Investigations Bob Elliot holding a dead Golden eagle found in Glen Orchy in June 2009. Photo credit RSPB Scotland.

Infamous Leadhills Estate scene of another poisoning

November 2010. A gamekeeper formerly employed on the Leadhills Estate in South Lanarkshire has been convicted of laying a rabbit bait laced with the banned poison Carbofuran on an open hillside. Lewis Whitham, now of Skipton, North Yorkshire, appeared at Lanark Sheriff Court, and plead guilty to placing a poison bait, contrary to section 5 1 A of the Wildlife and Countryside Act. He was fined £800. The court heard that on 8th April 2009, Whitham was witnessed driving a quad bike on Braid Hill, near Leadhills. He was seen to stop the bike and take a dead rabbit off the back of it. This was staked to the ground and sprinkled with "a significant quantity" of Carbofuran.

‘Targeting crows'
In mitigation, the court was told that Whitham was trying to impress his employers but that there was a high population of crows in the area. He accepted that what he did was "quite wrong" and was fully aware that Carbofuran should not be used. He also accepted that the use of poison bait was indiscriminate. Sheriff Stewart said that gamekeepers have special responsibilities to the environment, and that this was contrary to the standards expected.

Other incidents

Leadhills was owned by Mark Osborne, whose estates have been linked to several incidents.

  • 2004 Leadhills keeper fined £500 for shooting a short-eared owl.
  • 2006 Wildlife inspectors and police launch dawn raid at Leadhills Estate
  • 2003 Staff at Leadhills filmed shooting a Hen harrier and removing eggs from a nest
  • 2006 Rabbit baits, 2 dead buzzards and traces of Carbofuran discovered at Leadhills.
  • There are several more documented incidents of raptor persecution on estates who have links to Osborne.

2009 worst year for recorded poisoning incidents
Bob Elliot, RSPB Scotland's Head of Investigations welcomed the conviction. "Cases of illegal poisoning are difficult to detect, but it is shameful that incidents like this continue to be discovered. 2009 was the worst year we have recorded for illegal poisoning incidents, but this only recognises those incidents that were actually found. These illegal and very toxic chemicals endanger some of our most iconic and protected species; the reckless and indiscriminate nature of these offences regularly kill birds such as red kites and golden eagles, as well as domestic pets, attracted to what is apparently a piece of carrion lying on a hillside."

New legislation
"The Scottish Government has recently announced an amendment to the Wildlife and Natural Environment Bill, currently passing through the Scottish Parliament, which is designed to prosecute landowners who allow their employees to commit wildlife crime on their land, including illegal poisoning. We hope that this measure will be supported by all those who wish to see an end to the illegal killing of birds of prey in Scotland and it is strongly welcomed by RSPB Scotland".

Scottish Government figures released recently indicated that four golden eagles, a white-tailed eagle and five red kites have already fallen victim to illegal poisoning this year. 

Read the comments about this article and leave your own comment

pheasants

there is more game birds killed on the roads than birds of prey we must protect our golden eagles there are not a lot of them so they are very very inportant

Posted by: stewart hallam | 21 Feb 2011 12:06:20

Persecution of birds of prey

I agree that most of the 'punishments' handed out to those who commit these awful crimes are quite ludicrously lenient. I don't think the people who perpetrate these crimes will ever take the matter seriously until they are handed down some stiff sentences of imprisonment, plus large fines.

Posted by: Andrea Polden | 20 Nov 2010 17:06:35

Employers' Vicarious Liability

Surely the Employer of the gamekeeper Lewis Whitham vicariously is liable for the actions of the Employee in the course of his employment?
Why have the Employers not been prosecuted? They are at least as responsible - if not more so - for the actions of the Employee LW!

One rule for the rich......

I could not agree more that the level of the punishmnet - merely a fine for as little as £800 would be laughable if this situation was not so serious.

Posted by: P. Clelford | 20 Nov 2010 08:13:27

Joke

£800 for a big scottish estate is again a laughable excuse for a fine. Until the fines are unlimited the killing of birds of prey will be commonplace.

Posted by: David Thompson | 19 Nov 2010 15:24:27

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