A GAMEKEEPER who recklessly killed two protected birds on a Borders estate by leaving open the door of a multi crow cage trap has been fined £300 at Selkirk Sheriff Court.
An owl and a goshawk perished from exposure and a lack of food and water at Cathpair Farm near Stow on September 13 last year.
Fifty-three-year-old Peter Givens, of Keepers Cottage, Cathpair, pleaded guilty to recklessly taking and killing the wild birds under the Wildlife and Countryside Act.
His lawyer explained that Givens had used the crow trap for the lambing season earlier in the year but thought had had secured it properly when no longer required.
READ MORE: Borders high school pupils sent home after ‘power issue’, says council
Wildlife and environmental crime depute fiscal Joe Stewart said: “An ecologist carrying out a survey on the estate came across a crow cage trap near some woodland.
“He noticed a barn owl lying deceased in the trap which was in an advanced state of decomposition and had obviously been there for a long time.
“The door was closed and the trap was in use.
“The local wildlife police attended carrying out a search and he found another bird in the trap which was a goshawk.”
An identification tag on the trap was traced to Givens.
Mr Stewart said the trap should have been removed.
READ MORE: Man, 19, dies after getting into difficulty in River Tweed
Givens’ lawyer said his client had been a gamekeeper for more than 30 years and had no previous convictions.
He said around the start of the COVID pandemic in March 2020 the trap was put in place and checked on a regular basis in case other birds were trapped.
He explained that there had been a lot of crows at the start of the lambing season but this had tailed off by May.
The lawyer continued: “He thought the trap had been deactivated. There was no intention to keep the trap operating.
“What happened on September 13 came as a shock to him and a source of embarrassment and sadness for the damage he has caused.
“He has accepted he failed to deactivate the trap properly.
READ MORE: Coronavirus: Borders records new cases over 24-hour period, figures show
“He accepts his conduct was reckless but it was not intentional and he is very remorseful.”
Sheriff Peter Paterson said: “This was an oversight rather than an intentional act.
“It was not a deliberate act to trap predators with the unintended consequences.”
Sheriff Paterson added: “I take into account your spotless record and while this was reckless, it was not intentional.”
He reduced the fine from £375 to £300 to reflect the guilty plea with a £20 victim surcharge added.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here