Gamekeepers Cleared
11 December 2009
Three gamekeepers from Swaledale, North Yorkshire who suffered a crown court action brought against them on the evidence of two alleged poachers, have walked free with their good reputations intact. After a four-day hearing at Teesside Crown Court ended on December 10, the jury took just 36 minutes to find the gamekeepers not guilty on all charges.
Now the National Gamekeepers' Organisation is demanding to know why the case was brought in the first place. Lindsay Waddell, chairman of the 15,000- strong National Gamekeepers' Organisation, said: "We shall be writing to the Chief Constable of North Yorkshire Police asking for a meeting, as we have concerns about how this matter was handled and we do not want it to undermine the good working relationship gamekeepers have with the police generally".
"Gamekeepers have a long and honourable history of being the eyes and ears of law enforcement in remote rural areas, yet the police do not always provide an adequate response when poaching is reported to them.
"We need an explanation as to why charges were brought against gamekeepers doing their duty, rather than against two alleged poachers whose allegations were so readily dismissed by a jury".
Gamekeepers Jeremy Wearmouth, Douglas Maclean and Lewis Williams had been charged with affray after they encountered two men - Michael Collins, 22, and Luke Doyle, 19, both from Manchester - earlier this year. Mr Williams was additionally charged with possessing a firearm with intent to cause a fear of violence.
The court heard that in the middle of the night on February 28, Collins and Doyle were found near a van beside a moorland road in Swaledale after two gamekeepers - Mr Williams and Mr Maclean - saw a spotlight playing across open country. After approaching the van and speaking to Doyle and Collins, the gamekeepers confiscated a loaded air rifle fitted with a silencer, a hand-held spotlight and a number of dead rabbits, one of which was still warm. Mr Wearmouth, the head gamekeeper, then also arrived on the scene, and it was established that Collins and Doyle had no permission to shoot anywhere near the site. The pair were sent on their way without their gun.
Later the police received a complaint from Collins and Doyle about the way they had been treated and the fact that their gun and equipment had been taken from them.
During the hearing, it emerged that the police officer who investigated the alleged poachers' allegations was apparently unaware that gamekeepers are entitled to confiscate guns and other equipment they suspect is being used for poaching during the hours of darkness.
The court was told that the testimony offered by Collins and Doyle was "a tissue of lies" and "shot through with inconsistencies". The pair were branded "poachers and liars" by the defence barrister. The defence claimed the pair had concocted their story in order to retrieve their gun and to cover the fact that they had been caught red-handed.
After the case, Mr Waddell questioned whether the Crown Prosecution Service and North Yorkshire Police were in tune with the public mood. "Recently, we've heard politicians of all stripes saying the state must support decent citizens who tackle criminals. So how on earth did three highly reputable, professional gamekeepers find themselves in the dock in this instance?"
NOTES:
The gamekeepers were represented in court by Bertie Woodcock, QC, and the instructing solicitor was Tim Ryan from Knights Solicitors, Tunbridge Wells.
According to the 2008 annual report of the police National Wildlife Crime Unit, poaching is a serious and growing threat, forming the largest single category (23%) of all wildlife crime.
For more information contact: Alasdair Mitchell
National Gamekeepers' Organisation
Tel: 0191 233 9531 or 01434 344 032
Mobile: 07907 041 339