MSPs seek clarity over video evidence

MSPs are demanding the Crown Office ‘clarify’ how it deals with evidence in wildlife crime cases after video obtained by the RSPB was ruled inadmissible in court.

The row centres around a clip from Cabrach estate, Moray. It was claimed a hen harrier was illegally killed there in June 2013.

The case was dropped earlier this month after the Crown Office ruled the charity had entered the land and gathered evidence for the purposes of prosecution, rendering it inadmissible. It also defended the decision to drop a similar case from Angus on the same basis. The RSPB insisted the film was part of its routine monitoring of vulnerable nests. It later released footage which was due to be used in the trial purporting to show a ‘pole trap’ being laid out at the nest of a breeding pair of hen harriers. Holyrood’s environment, climate change and land reform committee has written to the Crown Office seeking clarification on the issue.

Committee convener Graeme Dey said: ‘In light of recent events, we’ve asked the Crown Office for information on the admissibility of evidence, including video and CCTV, whether there is any clear guidance on this, and how they interpret whether evidence is admissible or not.’

A Crown Office spokesman said: ‘The investigation of crime is subject to rules which have developed over many years and aim to strike a balance between enabling justice to be done and protecting the public from illegal or irregular invasions of their liberties.’

Chris Packham, vice-president of the RSPB, said he was ‘very angry’ at the decision to rule video footage inadmissible.