TWO MEN HAVE received criminal convictions and fines relating to the killing of protected wild birds.
They were before Portlaoise District Court last Monday, 20 March to face charges of hunting protected wild birds.
The two men also faced charges for using artificial crow decoys and a crow caller to lure rooks into what was described by one of the defendants as “the kill zone”.
Clifford Roe, of Tinraheen House, Ballacolla, Co. Laois, pleaded guilty to the three summonses relating to using an artificial decoy, a crow caller and hunting protected wild birds, all of which are breaches of the Wildlife Acts.
The second accused, Ian Fairbrother, of Shanahoe, Abbeyleix, Co. Laois also pleaded guilty to two summonses for using an artificial decoy and hunting protected wild birds.
The National Parks & Wildlife Service (NPWS) took the case.
During the trial, video recordings taken at the scene by a member of the public showed both of the accused with an unidentified third man behind a camouflage hide with shotguns.
A short distance from the hide were plastic rook decoys and dead, wounded, and maimed rooks.
The videos also showed a crow caller worn around the neck of Roe at the time of the incident.
All wild birds, including rooks, are protected under the EU Birds Directive.
However, the EU Birds Directive recognises that certain wild bird species can damage crops, and thus allows each EU member state to derogate from this Directive to allow the control of certain wild bird species under certain circumstances, by Ministerial Order.
The derogation describes the method by which rooks can be controlled when they are causing significant damage to crops or livestock on the property where the damage is occurring.
However, in evidence to the court, an NPWS official informed Judge Alec Gabbett that the video recordings provided “clear evidence that the methods used by the two accused to hunt the rooks were illegal”.
The actions of the defendants was described as “recreational shooting in a place where there was no evidence of any crop damage”
The court also heard that both of the accused refused to cooperate when NPWS officers asked them to explain their actions in the videos.
Roe and Fairbrother also refused to divulge the name of the third person seen in the video recordings.
Judge Gabbett convicted Roe on all three Wildlife Act summonses he pled guilty to and imposed fines totalling €1,500.
He also convicted Fairbrother on the two summonses and imposed a fine of €1,000.
Commenting on the case today, Minister of State for Heritage Malcolm Noonan commended the work of the NPWS officials and issued a reminder that all wild birds, without exception, are protected by law.
“There are, of course, certain species that can cause serious damage to crops and livestock feed lots,” explained Noonan, “but that is why the derogation to allow the control of these particular species is enacted ever year.
“This derogation ensures that the birds listed are controlled in a manner that is lawful and that takes into account what is necessary to prevent serious economic damage on the property where the damage is occurring.
“It remains the case, however, that many of Ireland’s wild bird species have experienced serious declines in recent times, and that is why they need legal protection, now more than ever.”
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