A highly experienced gamekeeper on a top Tayside sporting estate has been admonished by a sheriff over the accidental trapping of a tawny owl.
The bird was so weak after being unable to free itself from the cage trap on the 2,500-acre Angus estate it was unable to stand on.
But it quickly made a full recovery after being found by a walker and Sheriff Kevin Veal at Forfar decided not to impose a penalty on gamekeeper Robert Christie after hearing the ”immediate and draconian consequences” connected with breaching a trapping licence could render the 57-year-old unemployable for the rest of his working life.
In a case stretching back to August 2008, Christie, of Lays of Lindertis, Airlie, near Kirriemuir, admitted two charges under the Wildlife and Countryside Act 1981 in relation to a cage trap at Craigtonbank.
He admitted failing to inspect the item at intervals of no more than 24 hours and recklessly taking a tawny owl in a cage trap which did not display a unique tag or sign.
Depute fiscal Shona McJannett told the court Christie was a first offender of 24 years’ gamekeeping experience, 18 of those on the Lindertis Estate, owned by Lord Coylton.
She said a cage trap of the type in the offence is used to catch crows.
Operation of such traps is authorised only by Scottish General Licences and Ms McJannett highlighted a number of special conditions attached to their use, including regular inspection and the requirement of a special tag or sign with the number of the local police station or wildlife crime officer.’This was a most unfortunate accident’She added: ”A further condition of the general licence considers the circumstances when a cage is not in use and it must be immobilised and rendered incapable of use.”
The licence demands that trap doors should be removed from the cage, or secured by a padlock.
The owl was taken to a vets and was severely malnourished but after being cared for by the SSPCA the bird was released into wild less than a week later.
Christie’s solicitor, David McKee said Christie had jarred the door of the trap open with a large log in what he believed to be compliance with the licence.
”What he failed to do was remove the door. This was a most unfortunate accident ,” said Mr McKee.
The agent continued: ”There are implications under the general licence if the court imposes anything more than an admonition the licence is automatically withdrawn for five years.”
Admonishing him, Sheriff Veal added: ”Should there be any further contraventions by Mr Christie of this legislation, then I cannot envisage any set of circumstances when similar leniency will be afforded by the court.”
Photo used under Creative Commons licence courtesy of Flickr user hans s.