Gamekeeper escapes prison term for 'worst case of wildlife crime'

But on visiting the Barns Estate at Kirkton Manor, near Peebles, on 22 March officers from the conservation organisation were greeted with a scene of carnage that exceeded any other before or since.

Decaying remains of 25 birds of prey, some hanging from trees, others stashed waiting to be disposed of, were discovered. The slaughter, including the poisoned carcasses of 22 buzzards, one tawny owl, one heron and a goshawk, went down in history as Scotland’s worst wildlife crime.

Yesterday the gamekeeper who admitted responsibility for poisoning some of the protected species escaped a prison sentence.

Stephen Muir, 38, was fined a total of 5,500 after pleading guilty to killing 16 buzzards, one goshawk and a crow by intentionally placing dead animals laced with the deadly poison carbofuran in the countryside.

The father-of-two could have been jailed for six months or fined a total of 85,000 - 5,000 for the death of each buzzard and the goshawk - under the terms of the Wildlife and Countryside Act, but at Peebles Sheriff Court, Sheriff James Farrell decided to limit the extent of the fines.

Muir was fined 2,500 for intentionally killing a quantity of buzzards and a goshawk, another 2,500 for placing baits laced with carbofuran on an open hillside, and a further 500 for culpably and recklessly placing poison on an open hillside where the public and wildlife were endangered. He was admonished on a fourth charge of being in possession of carbofuran.

Dave Dick of the Royal Society for the Protection of Birds, said: "In my 20 years of working with the RSPB this is the highest number of recorded poisoned birds, so it is the worst in my book. It is a high fine so I cannot say the case has not been taken seriously, but I do not think it will act as a deterrent until someone is jailed.

"I was astonished when I heard the sheriff ask if there was no question of him losing his job. I think it is appalling he is keeping his job. If anyone of us committed serious criminal offences we would be sacked."

A spokesman for Muir’s employers, Wemyss and March Estates, denied any knowledge of Muir’s activities, adding: "The employee has accepted full responsibility for his actions. He will remain suspended while the estate conducts its own disciplinary process."

Although Wemyss and March said Muir had been suspended from his 900-a-month gamekeeping job - which he had carried out for the last 17 years - he was still employed on the estate carrying out tree and ground maintenance.

Mr Dick was part of the joint operation which visited the estate on 22 March this year.

On discovering the birds they were sent for post-mortem examination, but many of them were too badly decomposed.

Depute fiscal Fiona MacDonald said the police and the RSPB had been tipped off by a member of the public and executed a search operation on 22 March this year.

Defence agent Mark Harrower stressed Muir’s employers did not know he had been carrying out the poisoning of the birds.

Alex Hogg, a spokesman for the Scottish Gamekeepers Association, said last night: "Stephen Muir's future employment is a matter for his employer. However, we understand the frustration that led to him taking the law into his own hands as, up to now, there has been no political will to implement any derogations provided in the EU birds directive to allow legal avenues by which someone can alleviate their problems with buzzards or any other predatory bird."

Mr Hogg added: "His membership of the SGA lapsed and was not renewed because of the impending trial. As he has now admitted he is guilty of wildlife crime, his membership will not be renewed."