OneKind field officer witnesses crows killed in a cage, but prosecution is dropped. Take Action!
A man is seen and filmed entering a cage of twelve crows and rooks and beating seven of the birds to death with a stick, over a period of several minutes. He uses the stick repeatedly to hit the terrified birds across their bodies as they attempt to escape his attack on them, flying over him and clinging to the top corners of the wire cage.
Several birds are hit hard with the stick and for a moment they flounder from the blows, but manage to continue flying, but one by one, seven birds eventually fall to the ground injured, where the man continues to beat them until they finally stop moving. Five birds are left, alive and possibly injured, and the man drives away.
I accidentally witnessed this incident while I was walking on a Scottish shooting estate in May 2011.
The birds were captured in a legal crow cage trap which uses a live decoy bird to attract other birds into it. There are many hundreds of these cage traps (see image below) set on shooting estates across the UK.
In this cage trap were twelve crows and rooks and although there was water and food, the shelter was little more than an upturned plastic bucket with a hole cut into it, enough for a single bird to adequately shelter from the weather. There were two short sticks stuck through two corners of the cage, enough for only two birds to perch on at any one time.
The stick used to kill them was a thin cane-like stick, taken from inside the cage and there is a question whether or not such a stick would have been adequate enough to humanely kill a large wild bird that was distressed and flying about in a cage.
There was no doubt in my mind that these birds, whilst captured and during the attack on them, were the victims of unnecessary mental and physical suffering. I believed that this was a breach of the Animal Health and Welfare (Scotland) Act 2006 as well as the general licence that governs the use of cage traps. I therefore gave my video film of this incident to the police, who referred the case to the procurator fiscal.
But now, several months later, we have been notified that the Crown has decided not to take any proceedings against the individual concerned.
This decision was made because the prosecutors believed that I was carrying out surveillance on the estate when in fact my visit, which I had made very clear to the procurator Fiscal, was of an education one and was to gather film and photographic material of the various ways legal snares are set to capture wild animals.
In response to OneKind enquiries about the decision, we were told that my actions in going on the land “fell foul” of a court case from 2004 (Ward v McLeod), where the evidence of an RSPB officer against a gamekeeper was not admitted by the court.
We were surprised by this reference. Later cases have taken a different view, with similar evidence being admitted. And even in the Ward v McLeod case, the sheriff commented that, even if a person was acting illegally for whatever purpose, but fortuitously came across the commission of another offence, unconnected with that particular purpose of his, then that evidence should be admissible.
We have to disagree with the decision on two counts. Firstly, as I made clear, I was not looking for evidence of snaring offences or any other offences for that matter and secondly – even if I had been – it was purely fortuitous that I came across that awful scene in the crow cage trap.
My work at OneKind covers many animal issues including occasional visits into the countryside obtaining general film and photographic material of legal snares and traps for campaigns and educational purposes. There are times, far too many times in my experience, that I come across an incident related to wildlife crime and I feel that it is my duty as a concerned member of public, as well as a professional research officer, to record such findings.
Indeed, I was actually on a Scottish shooting estate two years ago, gathering photographic material of legally set snares and collecting stock footage of wildlife, when I witnessed a gamekeeper sprinkling a highly toxic and illegal poison onto a dead rabbit which he had staked into the ground. This estate had a record of poisoning birds of prey and so I informed the authorities immediately. The keeper was convicted at court and no question was made of why I was on the estate.
What are the prosecutors telling us here, by taking no action against a man who has been caught on film beating seven captive wild birds to death with a stick, leaving five possibly injured birds in a cage and driving off, as well as allowing so many birds to be kept in inadequate conditions? Am I really expected to ignore similar incidents in the future and just walk on by? Are you?
Wildlife crime is an increasing and serious issue and this decision can only send out the wrong message about cruelty to our wild birds and other animals.
Unfortunately we have now exhausted all avenues to have this case dealt with by the authorities, after writing to the Lord Advocate for clarification in this matter and asking for the case to continue through to the courts, we finally received a reply stating that no proceedings will take place and that that was the end of the matter.
Please tell us your opinions here, and add your voice to the call for change.
“The greatness of a nation and its moral progress
can be judged by the way its animals are treated
Gandhi
The Law is an ASS!
Once again, a Gamekeeper’s actions bring the profession into disrepute!
.... is this man a complete & utter idiot?
Who pays a Keeper to behave like this?
How many Keepers don’t actually know how to dispatch a bird?
where is this trap so it can be destroyed…what happened to the other birds??
I would advise anyone not to touch these traps or face being prosecuted…...and im sure the charges against somebody tampering with traps wont be dropped!! The other birds are left in trap to call in more unsuspecting corvids.
Well it certainly looks like members of the Crown/Procurator Fiscal enjoy game bird shooting too.
As a former Gamekeeper myself, I was absolutely disgusted by the actions of this Keeper, especially given the fact that we are told he is actually a Head Keeper, so is presumably teaching younger Keepers that this sort of behaviour is acceptable.
Despite the attitude of the law in this case, I have written to & trust that the SGA will agree with me, that this sort of behaviour is absolutely not acceptable & that this Keeper’s totally inept & frankly barbaric handling of that situation, brings the profession into disrepute, at a time when keepers need all the friends they can get!
We haven’t identified the estate involved, as these traps are legal and we cannot encourage anyone to tamper with them. It is frustrating that such compelling evidence has not been allowed to get into court. And ironically, the Partnership Against Wildlife Crime (PAW) Scotland has just issued guidance to the public about reporting wildlife crimes - including looking out for suspicious vehicles and taking photographs or video. But wouldn’t that be “surveillance” too ...?
I was so disgusted that the crown prosecution service (Scotland) were not willing to procede with this case, that I have just writen to them to voice my concern. I am sure it won’t do any good, but at least it will help let them know how some of the public feel about cruelty and wildlife crime.
Disgusted, this ‘person’ should not be a gamekeeper, he is an abuser to wildlife and should be prosecuted.
Good idea Christopher. Let us know what response you get, if any.
So, by this logic, if a murder (of a human) was committed, & you filmed it, as you were unable to stop it, and went because you suspected it may happen then the murderer would have no legal action taken against them!
I have seen many of these traps, with badly injured birds in them through trying to escape. I have seen protected species in them too. Many are filled with dead deer, rabbits, mountain hares etc to lure the birds in.
Corvids are the most intelligent birds in the world & this incident & crow traps in general are barbaric.
Good for the Crown Office - maybe YOU should stop your illegal activities!
I am disgusted at the CPS and our justice system. They should change the law to allow filming of any kind on the basis that you can see it with your own eyes. Start a petition! These are sentient animals and have more intelligence than most people understand. It is cruelty at the worst. I feel so sad. There is no justice for the innocent in this country. Justice is for criminals only:(
I’ve just seen this on the news - please start a petition against this injustice!
why not start a petition to encourage the justice system to reconsider this issue and deal the rightful justice this crime deserves? You can post it to facebook and hopefully people will reshare it.
So again we see gamekeepers killing birds to protect the shooting sport of a few priviledged individuals - and protect the pot they get a the end of the shoot. We saw the same thing last year on the poisoning of large and rare raptors - it’s sickening. Please start a petition and see if we can challenge this ruling. And as for JT, this is not a country playground for the rich but a country for all of us, including what should be a rich and varied wildlife. The idea that because you own land you can do what you like on it has just been supported and we must fight this idea. Please keep filming and reporting these atrocities.
I can’t believe the law is stupid enough to dismiss this evidence. Bringing no charge against this heartless freak is giving him the go-ahead to continue his sick, barbaric behaviour.
Thanks to everyone for the supportive comments. The birds were the victims here and while people’s rights to privacy need to be protected, wildlife crime is difficult to detect andt clear evidence like this must be taken very seriously. JT: our activities are legal. People are entitled to go on land for legal purposes such as learning and educating the public - surely you would support that ? It is hardly the fault of the witness if he comes across a crime being committed.
All I can say is that means the Scottish legal system is not interested in justice, only in protecting the landed gentry. Shame on them.
I’d like to beat him to death with a stick.
If you were wanting to take pictures of legal snares & traps, why didn’t you knock on his door and ask him, it would have saved you a lot of time. As I see it, the trap is legal, only the killing method is questionable. Dick Glasgow you have said that you are a former Hk at S&S Estates, where and when? I’m basically accusing you of being an imposter and trying to stir things up, one could even say you were trying to impersonate me?
I have no connection to Glenlochy Estate or its employees, I do work in conservation and think that some are trying to over play this a bit. This will not help the cause.
Take action now! Sign our open letter to the Scottish Environment Minister. http://www.onekind.org/take_action/campaigns/open_letter_to_scottish_environment_minister/
Sadly I think this case is the tip of the iceberg. This cruelty must be stopped.
Shooters ought to take stock of what happens in their name. Gamekeepers are employed to kill foxes, deer, stoats, weasels, crows, rooks, and in some cases badgers, buzzards, peregrines, eagles, sparrow hawks, hen harriers and god knows what else.
None of this matters as long as they have a good morning out killing grouse and pheasant.
I think animal abusers should be dealt with by vigilante justice if the law in this country is such an ass that it cant see right from wrong.
The Scottish Outdoor Access Code allows anybody to go on land for educational purposes (concerned with furthering a person’s understanding of the natural and cultural heritage). Permission is not necessary to record our heritage, as permission is also not required for other activities such as wildlife photography, cycling and wild camping etc. These are the freedoms of open access in Scotland.
As a witness to the events in question on a Scottish shooting estate in May of last year, it wasn’t just the beating to death of the crows and rooks that concerned me. Studying both the Government General Licence, which is required to operate a crow trap, as well as the Animal Health and Welfare (Scotland) Act 2006, I was also very worried that other offences may have occured.
Even after the slaughter of seven captured birds the keeper leaves five birds alive in a cage that is suitable only for a single decoy bird due to inadequate shelter and unsuitable perches. This would be contrary to the Scottish Government General Licence No.02/2011 as well as the Animal Health and Welfare (Scotland) Act 2006.
In my view it is likely that these birds were victims of unnecessary suffering by a person who had a duty of care towards them. The attack would have caused mental suffering as well as physical suffering which again is against the law.
The act goes on and demonstrates other offences that the game keeper may have been committing such as it is also an offence for a person committing the act to have reasonably known that the act would cause or would be likely to cause suffering.
In relation to the conditions of the cage itself, the responsible person (in this case the game keeper in question) has a positive duty to do all that is reasonable in all the circumstances to ensure that needs of the animal are met to the extent of good practice.
I would be concerned that any responsible professional gamekeeper viewing the incident reported here would only question the method of killing these captured wild birds and nothing else. I have already stated that the crow cage is legal, that isn’t disputed, but what is in question is how the cage was managed. Should the keeper have left five live birds in a cage where evidence suggests it is only adequate for one bird to be kept as a decoy? Also, it is questionable that none of those five birds were not hit with the stick during the attack, and possibly injured.
These are the facts which are supported with strong evidence and it should be in every keeper’s interest to know the law inside out and work to the letter of that law before operating such a trap.
As a charity we pride ourselves on professional conduct at all times, working within a strict protocol. However, I don’t think that any right thinking person would forgive me if I were to have ignored what I witnessed and just walked on by.
Abuse must be prosecuted regardless of the venue of evidence.
i hope some one beats him up badly he deserves everything coming to him sicko
We can all influence this through our vote - make sure your MP, MSP and MEP do not shoot or patronise or support game estates. Many do. Graham is right, this is not just about these birds, our ecosystem is destroyed to support monocultures of grouse or deer for shooting in large areas of the country, not just raptors and other predators, but trees and plants and the insect life they would bring.
This is utterly sickening. I am ashamed that such deliberate cruelty should exist in my native land, that people should knowingly employ a person capable of behaving in this fashion, and that the Procurator should condone it.
This man should have been prosecuted with the full force of the law. His cruelty shames all Scotland.
Sickening, obscene, almost sadistic violence towards sentient beings. The terror and suffering that these poor birds felt is unimaginable. It is bad enough that the web of life is skewed by killing certain species to preserve others for shooting, but to unleash such mindless, vicious barbarity on other living creatures to me displays a level of sentience far lower than that of the crows. I cannot find words to describe a person who could do such a thing.
Sick freak. I feel to chuck HIM in that cage and beat him to death with that stick. Maybe then he’ll see how much of a complete and utter idiot he is!
Whilst accepting that English and Scottish legal systems are different, it appears that this is to the detriment of Scottish wildlife.
Only a couple of days ago a case was brought in Englsnd against a farmer mistreating his pigs by surveillance which was undercover.
I think the prosecutor fiscal is just being lazy.
Only mental morons could refuse to see that this is cruelty!! If this is scottish law; then let them have the land and rule, they prove themselves nothing but savages
If I was there I would carry a shoulder held rocket launcher, far more use than a video camera and, in a place with no other avenue to protect wildlife, it would certainly stop this vile killer in his tracks! Sadly all I can do is sign and share the petition.
I have just watched this video and was sickened by it. As one person has comented this is just the tip of the iceberg. The question of animal abuse I belive lies with societies attitude to it’self, if we have no respect for each other, and I see less evidence of that as time goes by, how can we respect the right of animals to live as nature intended them. We as a race perform the most appaling experiments on live animals in the name of science, these are not necessary alternatives are available, we skin animals, often still alive for their fur, we beat dogs whilst still alive because it’s belived that their “meat” will be more tender, we pump the contamination of our consumerism into rivers and lakes and kill the acquatic life therein, we shoot down beautifull birds just for “fun”, we keep cattle chickens, turkeys and pigs inside in the most dreadfull conditions imaginable so we can produce meat cheaply, I ask you what chance do a few poor crows stand
That poor guy. Looked like thoughs scanky birds were attacking him. Self defence kill or be killed.
For starters its a legal trap, traps are used for the intent of killing (hence what was seen).
Man was born to hunt, and if everyone turns all whimpy over hunt etc natural selection will destroy us. No human rights groups amongst lions or tigers etc.
I wonder if it would have been ruled insufficient if it had been a child he was attacking?
“When injustice becomes law, resistance becomes duty!”
This is so wrong in so many dimensions: Why are humans putting their greed above another animals’ needs? Why is the so-called legal system not working in this so-called humane society? Why do humans still behave like in the dark ages? Why is killing a game and why do we need to keep this game in the 21st century? Why is it legal to keep a wild bird in a cage and use it for a human’s game, not to speak of the atrocities that were inflicted upon those innocent beings?
Because humans are the centre of the universe???...just try and look a corvid (or indeed any other animal) in the eye and let him or her connect with you and you will understand you are only a small part in this web of life…
I so feel with the person who stood there, recording the whole horrific scene (not intervening and trying to stop!) in full faith of a just system that would act swiftly after being presented with this hard evidence - only to find ignorance, cold blood and greed, again.
My tears though are for the defenceless birds.
If controls must be put in place regarding some species of birds on game estates - then these controls MUST be humane. The evidence is clear, and in this case the birds were NOT destroyed humanely and clearly suffered. This is not acceptable, full stop. In fact, it is sickening. Without question there should be some consequence as a result of this abuse, in the form of prosecution.
If I had the capacity I would seek to prosecute the fiscal procurator. How can anyone have confidence in the justice system if it is run at appalling levels of incompetence like that.
The more public exposure of wildlife criminals and their cowardly supporters within the Criminal Justice System the better. I shall do my best to bring the scandal to the attention of the Scottish Government via its relevant Ministers.
Crow traps like these are used to illegally trap birds of prey as well as crows. I do not see why every predator in the countryside is persecuted in order to protect birds which are destined to be slaughtered in the name of “sport”. On the rare occasions that gamekeepers have been successfully convicted, they somehow retain their shotgun licences, despite being convicted criminals. Any such transgressions should automatically mean a loss of licence and livelihood, and the estate owners should face prosecution also, with a threat of losing their licence to operate.
Larsen traps are just one of the considerable and extremely cruel armoury used against our wildlife, to protect game birds for priveliged people to come and massacre.
In my experience gamekeepers are in the main, brutalised, unevolved, deeply damaged people who see nothing wrong in killing on a daily basis. Their indiscriminate of use of various traps, and poisons are going to harm anything that encounters it and not just the intended target, but that fact does’nt seem to come into the equation.
I live in the country and my dog has been caught in a running snare, though saved as I was closeby…and I have several times broke open larsen traps and liberated both the decoy bird and the caught one and make no apologies for this, despite several warnings here regarding prosecution. I was I might add on the land with permission. I’m afraid I could not just walk on by and do nothing and would do the same again and take the consequences, especially if the law, as in this case, seems not to give a damn about routine cruetly.
Crows are actually very intelligent creatures and reading stories like this makes me deeply ashamed to be a member of the human race.
Good to read Planet Vega’s post - someone with some balls - I’d do the same and screw the consequences. I’m still thinking about this criminal act which I saw on bbc1 Scottish News a week ago and my opinion now is that it was the birds intelligence which the keeper couldn’t handle - he being a cowardly moron.
By coincidence, i’m reading all the Dickens books and just happen to be on Barnaby Rudge at the moment where Grip is requesting that ‘Polly should put the kettle on’. Dickens had in fact 2 ravens as pets and it made me think of Esther Woolfson’s excellent book Corvus, A Life With Birds, where the wonderful Spike reigns supreme and Chicken, a magpie also speaks to us.
The point is that these birds are intelligent and should be respected as such. Not beaten with sticks. AA-Ayrshire
I remember Corvus too, Andrew! Excellent indeed. We also have sections about New Caledonian crows elsewhere on this website, incredible intellligence - and that’s only by human standards…
I wanted to say that we are seeing a lot of understandable anger in the comments here - but OneKind doesn’t condone any form of violence or law breaking. That is obviously why we relied on the authorities to provide justice for these birds, and why we have not identified the estate. Please do spread the word about the Open Letter which has received an incredible response - we will submit it shortly, hopefully with more than 2,000 signatures. Thank you all so much for your support
Hey Bob That was some guy if he thought he was in danger of looseing his life from an attack by a few quote, “Skanky Crows” what were you saying about whimpys!!
This is ridiculous, the guy was caught red handed inflicting pain and suffering on a wild bird, whether regarded as a pest or not. He should have been prosecuted. If these people had their way there would be no wildlife on this planet except those that can be shot at. I would go to Scotland to see the wildlife, not shoot Grouse, but I refuse to set foot in the country while such wildlife crime is rife. They think shooting is good for the country but in reality it is blackening their tourist industry.
This is such a sickening act. I think this particular mans treatment of all beings needs to be looked at. This is not the act of a balanced person and this is very worrying, as is this level of cruelty not being investigated! Thank you so much for raising awareness of this and enabiling people to support this cause.
I wish to add my voice to the many eloquent people who have condemned this man’s actions. We really aren’t very civilised. ‘If it moves kill it’.
I am not proud to be a Scot at this moment.
Anyone involved in the apocolypse now or shooting industry has a vested interest in keeping that money machine rolling. These beautiful, highly intelligent corvids r victims & the moron involved is a victim, a mindless pawn.
thats scandelous, there is clearly enough here to prosecute.