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Saturday, 01 April 2006

PC in court for moving birds' nests

A police officer has appeared before court after damaging two wild birds' nests outside his Norfolk cottage.


Christopher Ashton, who has served in Norfolk for two years and received a chief constable's commendation for bravery, appeared before Norwich magistrates yesterday.

He received a six-month conditional discharge and was ordered to pay £100 costs after magistrates accepted his actions were the result of a mistake. He is now facing a professional standards inquiry.

Ashton was caught out when two Broads Authority wardens spotted him trying to remove what he believed to be two empty nests from his home at Ormesby St Michael, near Great Yarmouth.

Ashton, 26, who now lives in Norwich, admitted intentionally damaging two wild birds' nests, contrary to the 1981 Wildlife and Countryside Act. Another charge of intentionally injuring the birds was dismissed.

Prosecutor Lindsey Pennell told the court the two wardens spotted Ashton on June 20, leaning out of an upstairs window attempting to dislodge the nests with a pole. He was later seen putting a bucket containing injured birds into a nearby hedgerow in an attempt to return them to the wild.

The court heard it was an offence, punishable by up to six months' imprisonment, to remove any birds' nest regardless of its age and whether it is occupied.

But magistrate Jocelyn Abel gave Ashton a six-month conditional discharge and ordered him to pay £100 costs after hearing his actions were the result of a mistake.

Defence solicitor Simon Nicholls said: "Mr Ashton was renting a room in the house, living with other police officers.

"When he noticed the house martins nesting, he was quite taken with them and used to watch them intently. He saw the nests being built, saw them develop and saw the birds flying in and out.

"One day he saw there wasn't any more movement and the nests were deteriorating, so he assumed they were empty. The first one was unoccupied but, when he came to remove the second, he was horrified to realise the birds were still there. Unfortunately it was too late.

"He attempted to make up for his actions by returning the birds to the wild in the hope they would recover."

Mr Nicholls added that the prosecution would represent a blemish on Ashton's record.

"As a police officer he will now have to live with a criminal conviction, will face a professional standards inquiry and his career will be reviewed," he said.

"Hopefully, given that he has an exemplary record, including a bravery commendation for an incident involving a knife, it will have no adverse influence."
 
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