ianstone
07-19-2010, 02:20 PM
First case of it's kind: Man told to pay £1,500 after being found guilty of drowning a squirrel
By Daily Mail Reporter (http://www.dailymail.co.uk/home/search.html?s=y&authornamef=Daily+Mail+Reporter)
Last updated at 6:15 PM on 19th July 2010
Comments (85) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#comments)
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http://i.dailymail.co.uk/i/pix/2010/07/19/article-0-0168B01700000578-444_233x423.jpg Native to the U.S. and Canada, the grey squirrel has become increasingly common in Britain, displacing the resident red squirrel
When grey squirrels invaded Raymond Elliott’s garden and targeted his bird feeders, he decided to take matters into his own hands.
He bought a cage to trap the pests and, when he did catch one, dropped it into a water butt, killing it ‘almost instantaneously’.
But after a neighbour tipped off the RSPCA, he was hauled into court, charged with causing unnecessary suffering to an animal and - in a legal first - forced to pay £1,500.
The 58-year-old window cleaner, who said he believed he had killed the animal in a humane way, will now be lumbered with a criminal record.
The case sets an important precedent for killing grey squirrels, which are classified as a non-native invasive species, and could pave the way for hundreds of other prosecutions across the country.
The RSPCA, which brought the prosecution, warned that many common methods of killing grey squirrels and other pests could now fall foul of the law.
It added that the only humane - and therefore legal - way to kill them would be to have them put down by a qualified vet, which can cost up to £40 a time.
Mr Elliott, from Branston, Staffordshire, was prosecuted under Section Four of the Animal Welfare Act 2006 for causing unnecessary suffering to an animal.
He pleaded guilty and was given a six-month conditional discharge and ordered to pay £1,547 to cover investigation and legal costs incurred by the RSPCA at Burton Magistrates last Friday.
Yesterday, he described the fine as an ‘injustice’ and claimed he had been singled out by the charity.
He insisted that the way he killed the grey squirrel was not cruel or inhumane and said he was simply trying to do what homeowners across the country do when the pests invade their homes and gardens.
'This is an injustice. People do it across the country all the time - they are just making an example of me,’ he said.
‘I do not feel what I did was inhumane or cruel and I was shocked by how big the fine was.
‘All along it was going to be guilty because it was a test case and they needed a guilty verdict.’
IT'S THE LAW
Section Four of the Animal Welfare Act 2006 makes it illegal to cause unnecessary suffering to any domestic or captive animal.
The act states that it is an offence to cause ‘physical or mental suffering, whether this is by a positive act or an omission, to a protected animal where this is unnecessary.’
But it is not necessary to prove that a defendant knew they would be causing suffering.
According to the act, any animal caught in a trap may be deemed to be under the control of man and, as such, is a ‘protected animal’.
Under the Wildlife and Countryside Act 1981, it is also illegal to release or allow captured grey squirrels to escape in certain circumstances.
Doug Walton, defending, described Mr Elliott as a ‘man of good character’ who ‘regrets his mistake’.
‘The drowning of squirrels and rats is a widespread practice, so what are the alternatives for these people,’ he said.
‘Realistically, I can't see many people opting to take the creatures to the vets to pay between £30 and £40 a time to have them euthanised.’
John Sutcliffe, prosecuting, described the case as ‘unusual’ and said it was the first to be brought under the Animal Welfare Act 2006 in respect of a non-domestic animal.
He said that Mr Elliott was ‘extremely open and frank’ about what he had done and ‘believed it was the most humane way of disposing of the animal’.
He also warned that official Government advice - that squirrels should be caught in a sack and killed with a single blow to the head - could be a breach of the act as the animal may suffer before it dies.
Grey squirrels were first introduced into Britain from North America in the 19th century and their numbers have increased rapidly and are currently estimated at over two million, according to Natural England.
They are classed as a non-native invasive species and are largely responsible for the decline of the native red squirrel in England because they compete for food and shelter and are stronger and more adaptable than the red.
Greys also carry the squirrel pox virus, which is lethal to red squirrels. They are viewed as a pest because they can damage buildings by chewing electrical wiring and stripping bark from trees, destroying woodland.
RSPCA inspector Laura Bryant said a member of the public had informed the charity about the squirrel’s death and an inspection by a vet had revealed that it had taken three minutes to die.
An RSPCA spokesman added: ‘Drowning grey squirrels causes unnecessary suffering, as this case demonstrates.
‘If you were to strangle it that would probably also cause suffering. And I don’t think many people could be certain of killing a squirrel outright with a single blow, so that would also cause suffering.
‘Realistically the only humane method would be to take the squirrel along to vet, as you would with a pet.’
Tim Bonner, a spokesman for the Countryside Alliance, said the RSPCA were using the courts as a ‘propaganda vehicle’ to push their policy on animal rights.
‘Killing grey squirrels is a good thing – there are far too many of them and they threaten our native species and woodland,’ he said.
‘It is absolutely ridiculous that the RSPCA has spent thousands of pounds dragging this man through the courts when he was clearly unaware of the law.
‘They are using the courts as a propaganda vehicle.’
View all
The RSPCA are becoming an arrogant nuisance. They think they're paramilitary with the pips on their shoulders. When are they going to issue their troops with jackboots?
- John, Surrey, 19/7/2010 18:59
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Grey squirrels are pests (vermin) and its legal to trap and kill them. They do untold damage eating birds eggs and killing young birds.They are not natural to these islands and have no predator.
The RSPCA have taken this man to court because he's a soft touch (the small man) but every day thousands of animals are slaughtered hahal fashion slowly being bled to death, which is probably worse than drowning (certainly slower) Its noticeable that the selective RSPCA stay clear of this cruel and unnecessary suffering and have not got the gumption to challenge it.
- Tim Riley, Manchester, 19/7/2010 18:53
Click to rate (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) Rating 1
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So the RSPCA are going for an easy nick. Why don't they worry more about prosecuting those that harm animals that aren't pests and vermin.
A shot in the foot for the RSPCA. Last time MY money goes in one of their collecting tins.
- Phil, Purley, Surrey, 19/7/2010 18:46
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Grey Squirrels on on my licence as a pest species and therefore can be disposed of as long as it's humane. If the guy trapped and then shot it with a shot to the head with an air gun would there been such a hullabaloo about it? The RSPCA are treading on dangerous ground, greys are not protected and frankly they should keep their noses out. I would have contested that and shoved my DEFRA licence up the RSPCA's nose.
There have also been reports in our area of Foxes being released after being trapped by the RSPCA in towns, they are neutered and then released into the countryside where they cannot survive, if a wild animal is trapped then to release it again into the wild is also an offence, maybe it's the RSPCA that need to be hammered in court by DEFRA.
- Nev G, Frodsham, 19/7/2010 18:40
Click to rate (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) Rating 3
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Don't come with your begging bowl RSPCA no more coins for a disfunctunal organisation such as the RSPCA... Its not cruelty to animals that gets your interest, its the animal rights brigade... Its not sqirrels that need knocking over the head, its the people running the RSPCA... David cameron and Nick wants to knock some sense into the crazy actions of some of the so called charities
.. they have obviously been taken over by people with hidden agenda's...
Take their Charitie status away would sort a problem or two out.... By the way RSPCA i have just flattened a couple of mice with a shovel, and if i see anymore the will get the same treatment...Should you wish to make a case of this then leave a message in this forum.. i look forward to taking you on....
- That man Dave From, uckington/ Chelt/Tewkes, UK, 19/7/2010 18:37
Read more: http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#ixzz0u9aizcGy
By Daily Mail Reporter (http://www.dailymail.co.uk/home/search.html?s=y&authornamef=Daily+Mail+Reporter)
Last updated at 6:15 PM on 19th July 2010
Comments (85) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#comments)
Add to My Stories (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html)
http://i.dailymail.co.uk/i/pix/2010/07/19/article-0-0168B01700000578-444_233x423.jpg Native to the U.S. and Canada, the grey squirrel has become increasingly common in Britain, displacing the resident red squirrel
When grey squirrels invaded Raymond Elliott’s garden and targeted his bird feeders, he decided to take matters into his own hands.
He bought a cage to trap the pests and, when he did catch one, dropped it into a water butt, killing it ‘almost instantaneously’.
But after a neighbour tipped off the RSPCA, he was hauled into court, charged with causing unnecessary suffering to an animal and - in a legal first - forced to pay £1,500.
The 58-year-old window cleaner, who said he believed he had killed the animal in a humane way, will now be lumbered with a criminal record.
The case sets an important precedent for killing grey squirrels, which are classified as a non-native invasive species, and could pave the way for hundreds of other prosecutions across the country.
The RSPCA, which brought the prosecution, warned that many common methods of killing grey squirrels and other pests could now fall foul of the law.
It added that the only humane - and therefore legal - way to kill them would be to have them put down by a qualified vet, which can cost up to £40 a time.
Mr Elliott, from Branston, Staffordshire, was prosecuted under Section Four of the Animal Welfare Act 2006 for causing unnecessary suffering to an animal.
He pleaded guilty and was given a six-month conditional discharge and ordered to pay £1,547 to cover investigation and legal costs incurred by the RSPCA at Burton Magistrates last Friday.
Yesterday, he described the fine as an ‘injustice’ and claimed he had been singled out by the charity.
He insisted that the way he killed the grey squirrel was not cruel or inhumane and said he was simply trying to do what homeowners across the country do when the pests invade their homes and gardens.
'This is an injustice. People do it across the country all the time - they are just making an example of me,’ he said.
‘I do not feel what I did was inhumane or cruel and I was shocked by how big the fine was.
‘All along it was going to be guilty because it was a test case and they needed a guilty verdict.’
IT'S THE LAW
Section Four of the Animal Welfare Act 2006 makes it illegal to cause unnecessary suffering to any domestic or captive animal.
The act states that it is an offence to cause ‘physical or mental suffering, whether this is by a positive act or an omission, to a protected animal where this is unnecessary.’
But it is not necessary to prove that a defendant knew they would be causing suffering.
According to the act, any animal caught in a trap may be deemed to be under the control of man and, as such, is a ‘protected animal’.
Under the Wildlife and Countryside Act 1981, it is also illegal to release or allow captured grey squirrels to escape in certain circumstances.
Doug Walton, defending, described Mr Elliott as a ‘man of good character’ who ‘regrets his mistake’.
‘The drowning of squirrels and rats is a widespread practice, so what are the alternatives for these people,’ he said.
‘Realistically, I can't see many people opting to take the creatures to the vets to pay between £30 and £40 a time to have them euthanised.’
John Sutcliffe, prosecuting, described the case as ‘unusual’ and said it was the first to be brought under the Animal Welfare Act 2006 in respect of a non-domestic animal.
He said that Mr Elliott was ‘extremely open and frank’ about what he had done and ‘believed it was the most humane way of disposing of the animal’.
He also warned that official Government advice - that squirrels should be caught in a sack and killed with a single blow to the head - could be a breach of the act as the animal may suffer before it dies.
Grey squirrels were first introduced into Britain from North America in the 19th century and their numbers have increased rapidly and are currently estimated at over two million, according to Natural England.
They are classed as a non-native invasive species and are largely responsible for the decline of the native red squirrel in England because they compete for food and shelter and are stronger and more adaptable than the red.
Greys also carry the squirrel pox virus, which is lethal to red squirrels. They are viewed as a pest because they can damage buildings by chewing electrical wiring and stripping bark from trees, destroying woodland.
RSPCA inspector Laura Bryant said a member of the public had informed the charity about the squirrel’s death and an inspection by a vet had revealed that it had taken three minutes to die.
An RSPCA spokesman added: ‘Drowning grey squirrels causes unnecessary suffering, as this case demonstrates.
‘If you were to strangle it that would probably also cause suffering. And I don’t think many people could be certain of killing a squirrel outright with a single blow, so that would also cause suffering.
‘Realistically the only humane method would be to take the squirrel along to vet, as you would with a pet.’
Tim Bonner, a spokesman for the Countryside Alliance, said the RSPCA were using the courts as a ‘propaganda vehicle’ to push their policy on animal rights.
‘Killing grey squirrels is a good thing – there are far too many of them and they threaten our native species and woodland,’ he said.
‘It is absolutely ridiculous that the RSPCA has spent thousands of pounds dragging this man through the courts when he was clearly unaware of the law.
‘They are using the courts as a propaganda vehicle.’
View all
The RSPCA are becoming an arrogant nuisance. They think they're paramilitary with the pips on their shoulders. When are they going to issue their troops with jackboots?
- John, Surrey, 19/7/2010 18:59
Click to rate (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) Rating (0)
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Grey squirrels are pests (vermin) and its legal to trap and kill them. They do untold damage eating birds eggs and killing young birds.They are not natural to these islands and have no predator.
The RSPCA have taken this man to court because he's a soft touch (the small man) but every day thousands of animals are slaughtered hahal fashion slowly being bled to death, which is probably worse than drowning (certainly slower) Its noticeable that the selective RSPCA stay clear of this cruel and unnecessary suffering and have not got the gumption to challenge it.
- Tim Riley, Manchester, 19/7/2010 18:53
Click to rate (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) Rating 1
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So the RSPCA are going for an easy nick. Why don't they worry more about prosecuting those that harm animals that aren't pests and vermin.
A shot in the foot for the RSPCA. Last time MY money goes in one of their collecting tins.
- Phil, Purley, Surrey, 19/7/2010 18:46
Click to rate (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) Rating (0)
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Grey Squirrels on on my licence as a pest species and therefore can be disposed of as long as it's humane. If the guy trapped and then shot it with a shot to the head with an air gun would there been such a hullabaloo about it? The RSPCA are treading on dangerous ground, greys are not protected and frankly they should keep their noses out. I would have contested that and shoved my DEFRA licence up the RSPCA's nose.
There have also been reports in our area of Foxes being released after being trapped by the RSPCA in towns, they are neutered and then released into the countryside where they cannot survive, if a wild animal is trapped then to release it again into the wild is also an offence, maybe it's the RSPCA that need to be hammered in court by DEFRA.
- Nev G, Frodsham, 19/7/2010 18:40
Click to rate (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) (http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#) Rating 3
Report abuse (http://www.dailymail.co.uk/news/reportAbuseInComment.html?articleId=1295883&commentId=24814029)
Don't come with your begging bowl RSPCA no more coins for a disfunctunal organisation such as the RSPCA... Its not cruelty to animals that gets your interest, its the animal rights brigade... Its not sqirrels that need knocking over the head, its the people running the RSPCA... David cameron and Nick wants to knock some sense into the crazy actions of some of the so called charities
.. they have obviously been taken over by people with hidden agenda's...
Take their Charitie status away would sort a problem or two out.... By the way RSPCA i have just flattened a couple of mice with a shovel, and if i see anymore the will get the same treatment...Should you wish to make a case of this then leave a message in this forum.. i look forward to taking you on....
- That man Dave From, uckington/ Chelt/Tewkes, UK, 19/7/2010 18:37
Read more: http://www.dailymail.co.uk/news/article-1295883/First-case-kind-Man-told-pay-1-500-guilty-drowning-squirrel.html#ixzz0u9aizcGy