Two men from Co. Laois have been convicted and fined under the Wildlife Acts for the killing of protected wild birds, the Department of Housing, Local Government and Heritage has said.

The men faced charges of hunting protected wild birds, and 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” at Portlaoise District Court on Monday (March 20).

Clifford Roe, Tinraheen House, Ballacolla, Co. Laois pleaded guilty to using an artificial decoy, a crow caller and hunting protected wild birds, all of which are breaches of the Wildlife Acts. He was fined €1,500 in total.

The second accused, Ian Fairbrother, Shanahoe, Abbeyleix, Co. Laois also pleaded guilty to using an artificial decoy and hunting protected wild birds and was fined €1,000.

The case was taken by the National Parks and Wildlife Service (NPWS).

Court

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.

Roe and Fairbrother both refused to divulge the name of the third person seen in the video recordings, the department said.

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.

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 have been described by the NPWS official 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.

Protected birds

In evidence to the court, the NPWS official informed Judge Gabbett that all wild birds, including rooks, are protected under the EU Birds Directive. However, the state recognises that certain wild bird species can damage crops.

Under Article 9 of the EU Birds Directive, each member state can, by Ministerial Order, derogate from this Directive to allow the control of certain wild bird species under certain circumstances.

The derogation, he said, 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.

Minister Noonan

Commenting on the case today (Friday, March 24), Minister of State for Heritage and Electoral Reform, Malcolm Noonan commended the immense dedication of NPWS officials in pursuing such cases and noted 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 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,” Minister Noonan said.