Sheriff: Rules won’t let me jail keeper who killed protected birds
A GAMEKEEPER who illegally killed protected birds of prey, badgers and an otter has avoided prison after a sheriff admitted he had no power to jail him.
Sheriff Peter Paterson said Scottish Government guidelines against shortterm sentences ruled out a jail term.
Alan Wilson, 61, pleaded guilty to nine charges at Jedburgh Sheriff Court last month, including shooting dead protected species and using 23 illegal snares.
Wildlife expert David Anderson told the court he had ‘never seen so many protected species dead in such a small area’ in his 40year career on visiting Henlaw Wood on the Longformacus Estate, Berwickshire. Yesterday, Sheriff Paterson said the offences Wilson admitted had merited a custodial sentence but said he felt he was unable to do so as ‘special circumstances’ had to apply to impose a short-term sentence.
Sheriff Paterson said the charges could only be prosecuted at summary level, which had sentencing restrictions.
He added: ‘If it was not for the provision against short-term sentences then, in my view, a custodial sentence would be appropriate.
‘The sentencing options open to me at the moment do not reflect society’s views.’
He ordered Wilson, from Duns, Berwickshire, to carry out 225 hours of unpaid work under a community payback order. He also imposed a restriction of liberty order requiring Wilson to stay at home between 9pm and 6am for a ten-month period.
Wildlife crime procurator fiscal Christine Danbolt told a previous court hearing the League Against Cruel Sports had been tipped off by a member of the public out hiking that snares were being operated at Henlaw Wood.
Robbie Marsland, the charity’s Scottish director, said it was ‘saddened’ the sheriff had been unable to pass an ‘appropriate sentence’.
The Scottish Gamekeepers Association (SGA) described Wilson’s actions as a ‘gross breach of our organisation’s wildlife crime policy’.
A spokesman said: ‘We will be terminating the individual’s membership of the SGA with immediate effect.’