Showing posts with label James Hartley. Show all posts
Showing posts with label James Hartley. Show all posts

Saturday, October 21, 2017

A Gamekeeper From Bleasdale

Readers of Another Bird Blog will remember that I am a frequent summer visitor to the beautiful part of Lancashire known as Bowland.

The same readers may also know that the bird ringing site of Oakenclough mentioned frequently on this blog is bordered by the shooting estate of Bleasdale highlighted below.  As I turn into the track to our ringing site, immediately opposite is a gated track that heads alongside Harris End Fell and into the secret world of the Bleasdale estate. 

Bowland, Lancashire

I am grateful to http://raptorpolitics.org.uk/ for the following.

“28th September 2017 was a landmark day in Bowland’s dark history of ongoing raptor killing, when Mr James Hartley a 34 year old gamekeeper from the Bleasdale estate appeared in the dock at Preston Magistrates Court facing nine charges relating to the alleged killing of two Peregrine Falcons in April 2016 on the estate where he was employed. 

Each one the nine charges read out by the clerk are listed below: 

1) Killing a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally killed a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a Peregrine Falcon, contrary to sections 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981. 

2) Disturb the nesting site of a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally or recklessly disturbed a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a Peregrine Falcon, while it was in, on or near a nest containing eggs or young, contrary to sections 1(5)(a) and 21(1) of the Wildlife & Countryside Act 1981. 

3) Killing a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally killed a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a Peregrine Falcon, contrary to sections 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981. 

4) Set trap/gin/snare etc to cause injury to wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, set in position a trap which was of such a nature and so placed as to be calculated to cause bodily injury to any wild bird coming in to contact with it, contrary to sections 5(1)(a) and 21(1) of the Wildlife & Countryside Act. 

5) Take a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally took a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a Peregrine Falcon, contrary to sections 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981. 

6) Possess live / dead Schedule 1 wild bird or its parts. On 13 April 2016 at Bleasdale in the county of Lancashire, had in your possession or control a dead wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a Peregrine Falcon, contrary to sections 1(2)(a), 1(4) and 21(1) of the Wildlife & Countryside Act. 

7) Possess an article capable of being used to commit a summary offence under section 1 to 13 or 15-17. On 13 April 2016 at Bleasdale in the county of Lancashire, for the purpose of committing an offence, namely killing a Schedule 1 wild bird, namely a Peregrine Falcon, under section 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981, had in your possession a firearm which was capable of being used for committing the offence, contrary to section 18(2) of the Wildlife & Countryside Act 1981. 

8) Possess an article capable of being used to commit a summary offence under section 1 to 13 or 15-17. On 12 April 2016 and 27 April 2016 at Bleasdale in the county of Lancashire, for the purpose of committing an offence, namely killing a Schedule 1 wild bird, namely a Peregrine Falcon, under section 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981, had in your possession hammer, trap and knife which were capable of being used for committing the offence, contrary to section 18(2) of the Wildlife & Countryside Act 1981. 

9) Cause unnecessary suffering to a protected animal – Animal Welfare Act 2006. On 12 April 2016 and 15 April 2016 at Bleasdale in the county of Lancashire, caused unnecessary suffering to a protected animal, namely a Peregrine Falcon, by an act, namely trapping and leaving for a number of hours, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. 

When Mr Hartley was asked how did he plead, guilty or not guilty, he stated "not guilty". 

The offences came to light after the RSPB had installed a camera within the boundary of the Bleasdale Estate overlooking an occupied Peregrine Falcons nest on the estate. Footage captured showed an individual in camouflage clothing, setting a spring trap near the nest containing eggs. The female Peregrine was shown leaving her nest followed by 4 gunshots, after which the female Peregrine did not return to the nest. The male Peregrine remained at the site all day, believed to have been trapped in the device set earlier near the nest. Later in the evening a person is seen returning to the nest site and removing something. 

The lawyer for the Crown Prosecution Service explained that the defendant is the gamekeeper for this particular ‘beat’ on the Bleasdale Estate and during a police search of his property a bag was seized containing a number of tools. A forensic analysis showed that a wooden-handled hammer and an orange-handled knife both contained Peregrine DNA. 

The defendant gave a ‘no comment’ interview. 

The next court hearing is scheduled to take place on 11 January 2018 at Preston Magistrates Court and is expected to deal with legal arguments about the admissibility of video evidence. These legal arguments are likely to be crucial, for example did the estate provide approval to install the camera at an occupied Peregrine nest, and if so were any pre-conditions agreed between the RSPB and estate owner? Depending on the outcome of that hearing, a preliminary trial date was set to begin on 12 February 2018 and was expected to last for five days.” 

Peregrine Falcon

Readers, please ensure that the above account of this case reaches as many animal lovers as possible via Twitter, Facebook or whatever means possible. Just below this post you will see click-on buttons to Twitter, Facebook or email.

Linking this post to  Anni's Birding Blog.



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