Forest of Bowland Gamekeeper from the Bleasdale estate denies killing two peregrines

Yesterday 28th September 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 been 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 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.

 

 

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