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Heather Mathieson

Devon and Cornwall police searching vehicle (credit RSPB Investigations)

  • The discovery of a poisoned Buzzard next to a poisoned bait led to the search of a gamebird breeding farm in Chulmleigh, Devon conducted by Devon and Cornwall Police in March 2021.
  • A number of pesticides offences were discovered including the presence of Carbofuran, the same highly toxic chemical that had caused the Buzzard’s death
  • On 18 July 2024 after pleading guilty to multiple pesticide offences the company Ashley Game Farm Ltd was ordered to pay £40,000 in fines and the company’s Director, Christopher Hodgson, was fined £1,500.

In October 2020, a member of the public discovered a dead Buzzard– a protected species under the Wildlife and Countryside Act 1981 - lying on top of a pheasant carcass by a pheasant release pen, near Hollocombe in Devon, and promptly reported it to Devon and Cornwall Police.

The two birds and a second dead pheasant found nearby were submitted by the police to the Government’s Wildlife Incident Investigation Scheme (WIIS) for examination and toxicology testing. Meat found in the Buzzard’s beak and both pheasant carcasses tested positive for Carbofuran. This evidence confirmed that the deliberate laying of illegally laced pheasant carcasses had resulted in the death of a protected bird of prey.

In March 2021, following the toxicology analysis of the dead Buzzard and poison baits a multi-agency search of land, buildings and vehicles led by Devon and Cornwall police, supported by the National Wildlife Crime Unit, Natural England and the RSPB, took place at Ashley Game Farm in Chulmleigh, Devon. During the search significant amounts of prohibited and unauthorised pesticides and veterinary medicines were found stored around the property. A forensic search of two vehicles detected positive traces of the banned pesticide Carbofuran – the same banned pesticide which had been found on the pheasant carcasses and which had caused the Buzzard’s death.

Ashley Game Farm is a member of the Game Farmers Association and a leading UK supplier of game birds including (pheasant and Red-legged Partridge) which are sold as young birds to shooting estates across the UK and Europe where they are reared and released to be shot by paying clients.

The insecticide Carbofuran has been banned in the UK since 2001 because of its high toxicity and associated risks. Although the storage and use of any product containing Carbofuran is an offence, it is one of the most commonly abused substances associated with the illegal poisoning of birds of prey, accounting for almost one third of all bird of prey persecution poisoning incidents in England between 2018 and 2022.

The practice of laying poisoned baits to persecute protected birds of prey is often associated with areas managed for gamebird shooting where these birds are perceived as a threat to gamebird stocks. Poisoning has resulted in the death of many species of birds of prey over decades. Historic incidents have shown this indiscriminate illegal practice has also resulted in the death of domestic animals and poses significant risks to humans, wildlife and the environment.

On 18 July 2024 at Exeter Magistrates Court, Ashley Game Farm and the Director of the company were charged with the following offences:

Ashley Game Farm:

  1. On or before 26/03/2021 at Ashley Game Farm Limited, namely stored a plant protection product, namely Rivett MAPP 11300, without a valid authorisation or permission granted in accordance with Retained EU Regulation 1107/2009.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  2. Between 01/10/2020 and 27/03/2021 at Ashley Game Farm Limited, used a plant protection product, namely Carbofuran, in contravention of Article 28 (1) of Retained EU Regs 1107/2009.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  3. On or before 26/03/2021 at Ashley Game Farm Limited, used a Biocidal product, namely Lodi’s Sapphire Grain otherwise in accordance with the terms and conditions of its authorisation under Article 22 (1) and the labelling and packaging requirements of Article 69.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  4. On or before 26/03/2021 at Chulmleigh contravened a requirement imposed by a prohibition notice served under section 22 of the Health and Safety at Work etc Act 1974 in that used a Biocidal product, namely Mole Valley Farmers Difenacoum Cut Wheat Rat Bait without authorisation being in force allowing for its use.  Contrary to sections 22 and 33(1)(g) of the Health and Safety at Work etc Act 1974.
  5. On or before 26/03/2021 at Chulmleigh in the county of Devon possessed an unauthorised veterinary medicinal product, namely possessed an unauthorised veterinary medical product, namely Dimetridazole (DMZ).  Contrary to regulations 26(1), 43(r) and 44(1) of the Veterinary Medicines Regulations 2013.

Christopher Hodgson, Director of Ashley Game Farm:

  1. On or before 26/03/2021 at being a Director of Ashley Game Farm Limited, a body corporate who had committed an offence, stored a plant protection product, namely Rivett MAPP 11300, without a valid authorisation or permission granted in accordance with Retained EU Regulation 1107/2009 and the offence was committed with the consent or connivance, or attributable to the neglect of Christopher Hodgson. Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.

The company Ashley Game Farm Ltd pleaded guilty to all five charges and was ordered to pay £40,000 in fines and £590 in costs. Christopher Hodgson pleaded guilty to the one offence and was ordered to pay £1500 in fines and £150 in costs. 

Mark Thomas, RSPB Head of Investigations UK: “Yet again the discovery a dead bird of prey and poisoned baits leads to the detection of lethal banned poisons. This is the latest example of highly toxic pesticides being stored and used illegally in connection with the gamebird industry. As past cases have demonstrated these chemicals are extremely hazardous to our wildlife and environment, but also pose a considerable risk to members of the public and domestic animals. In this case, we welcome the significant fines despite not knowing who exactly killed the protected bird of prey.”

Howard Jones, RSPB Senior Investigations Officer: We would like to thank Devon and Cornwall Police, Natural England, NWCU, CPS and Defra. This successful outcome was the result of some incredibly effective partnership working. The fact that Carbofuran is still being found 20 years after it was banned shows the lack of reform, as the law stipulates, being shown by some within the gamebird industry. As this case has shown, individuals and businesses that chose to store and use these types of highly toxic pesticides are taking significant risks and committing serious criminal offences.

Jenny Mashford, Devon and Cornwall Police: “This incident was brought to the police’s attention thanks to a member of the public who identified the poisoned raptor.  We carried out a warrant at the defendant’s premises with the assistance of several other agencies including Natural England, the National Wildlife Crime Unit, the RSPB and Defra.  It is a very positive outcome in our fight against wildlife crime, of which bird of prey crime is a national wildlife crime priority. We would like to thank all those involved for their hard work and assistance with this case.”