Yesterday, gamekeeper George Mutch was sentenced to four months imprisonment after being found guilty of four charges including the illegal killing of a trapped goshawk, which he clubbed to death, and the taking of two other birds, a goshawk and a buzzard. See Raptor Persecution website reports here and here and BBC report here. Mr Mutch was employed on Kildrummy Estate in Aberdeenshire.

Under Section 24 of the Wildlife and Natural Environment (Scotland) Act 2011, an employer can be also be guilty of a wildlife offence under the doctrine of vicarious liability. Where an offence has been committed by an employee, the owner or agent is also guilty of the offence and liable to be proceeded against unless they can show that they did not know the offence was being committed by the employee AND that they took all reasonable steps and exercised due diligence to prevent the offence being committed. Mr Mutch was asked whether he had received any training from his employer and he said that he had not. Whether he did or not of course cannot be ascertained from such an admission. But the possibility exists that the Crown will proceed against the owner on the basis of their possible vicarious liability. If proceedings were to be brought against the owner, who is that person?

The owner of Kildrummy Estate is Kildrummy (Jersey) Ltd. The point of this blog is to try to find out who exactly is the human being or beings behind Kildrummy (Jersey) Ltd. who might end up being charged with an offence.

Kildrummy (Jersey) Ltd. is a company registered at 23-25 Broad Street, St Helier, Jersey.

It is owned by;

Magnus Nominees Ltd.,
Fidelis Nominees Ltd. &
Rostand Nominees Ltd.

which are all registered at the same address – 23-25 Broad Street, St Helier, Jersey.

So who owns Magnus, Fidelis and Rostand?

Magnus Nominees Ltd. is owned by;

Coutts & Co. Trustees (Jersey) Ltd. &
Citron 2004 Ltd.

again all at 23-25 Broad Street.

Fidelis Nominees Ltd. is also owned by

Coutts & Co. Trustees (Jersey) Ltd. &
Citron 2004 Ltd.

again at 23-25 Broad Street.

Rostand Nominees Ltd. is ALSO owned by

Coutts & Co trustees (Jersey) Ltd. &
Citron 2004 Ltd.

at 23-25 Broad Street.

So…..

Kildrummy (Jersey) Ltd is owned by Coutts and Citron through their ownership of Magnus, Fidelis and Rostand.

So who owns Coutts and Citron?

Coutts is owned by Royal Bank of Scotland International (Holdings) Ltd. registered at 71 Bath Street, St Helier.

Citron is owned by

Coutts & Co Trustees (Jersey) Ltd.,
Magnus Nominees Ltd. &
Fidelis Nominees Ltd.

So who owns Coutts, Magnus and Fidelis?

Coutts is owned by Royal Bank of Scotland International (Holdings) Ltd. (see above). Magnus and Fidelis are both owned by Coutts and Citron (see above). And Citron (which is owned by Coutts, Magnus and Fidelis) owns (together with Coutts) Magnus, Fidelis and Rostand.

Magnus, Fidelis and Rostand of course own Kildrummy (Jersey) Ltd.

So, after spending £24 on Annual Returns of the above companies who does own Kildrummy (Jersey) Ltd.?

Go back up to the top and start again.

Best of luck to the Crown Office.

Big thanks to Simon Brooke for coming up with a flow-chart which attempts to illustrate the relationships.

UPDATE

These arrangements led to a court case – Kildrummy (Jersey) Ltd v. Inland Revenue Commissioners 1991 SC 1, 1992 SLT 787, 1991 SCLR 498 – in 1990 over the liability to stamp duty. The decision outlines the deal that was entered into with Kildrummy (Jersey) Ltd. and the case is now the foundation for the proposition that one cannot contract with oneself and retain control over the outcome.

 

 

The socio-ecological NGO, Reforesting Scotland launched a campaign in May 2011 to promote the protection and expansion of hutting in Scotland. The Thousand Huts campaign has achieved a considerable amount in a short space of time. Last week the new Scottish Planning Policy included provision for huts in the planning system for the first time. Last night, BBC Scotland 2014 carried a great wee film by David Millar followed by a studio discussion with the journalist Lesley Riddoch.

 

Guest Blog
by Jess Smith, Scottish author, musician and story-teller from Perthshire’s Travelling People

The Tinker’s Heart is a small arrangement of white quartz stones embedded in the ground at the junction between the road to Strachar (A815) and Hell’s Glen (B839) in Argyllshire.

For years it has stood as a testimony to the survival of Scotland’s Travelling people. A sacred place where couples wed, babies were christened and the dead blessed. In 1872 there is proof of two local people getting married there. There is no written evidence as to how old it is and like the oldest ballads that Burns listened to, it is all oral – no dates nor names. Reasons for the stones being placed there are associated with the Battle of Culloden and the Highland Clearances as well as the eradication of the Culture by removing children from campsites. It is sacred to my people from all over the world and needs to be  protected and restored.

Image: Old photograph of Tinkers’ Heart from fionatinker’s website

Several years ago someone told me of the sorry state of the Heart. A visit had me in tears. Highland cattle were trampling over it, a single strain of wire threaded through three metal poles was all there was to protect it (see picture above). It was dying and I had to save it.

I began by writing to the landowner Ms Kate Howe but she refused to answer. I wrote to her cousin Christina Noble but got the same response. I spent ages looking through the internet and found a very informative piece in Secret Scotland – Gypsy Wedding Place. (1)

I needed help so contacted my local MSP, Mike Russell. He was excellent and he set up a meeting with Ms Howe but was not prepared for her negativity. He’d not come across her attitude before. I presumed by his reactions that this landowner did not hold Travellers with much respect. Here is a rich landowner who owns 7048 acres of Scotland yet is not prepared to part with a few yards of old road.

Every step seemed to be getting harder. I went to visit a couple representing the landowner with Mike but got no joy there. Another meeting, this time at Argyll and Bute council headquarters with Mike Russell, Councillor Louise Glen-Lee, the Council’s tourism officer and a gentlemen from Historic Scotland, resulted in more negativity with Historic Scotland stating they would allocate funding for restoration but only with the landowners approval.

Two years moved fast the little heart was crying for help! Then out of the blue a black cage was erected over the heart (see picture below). I was pleased to see the ‘heart’ caged and safe but it looked more like a prison than the decorative stone wall and cairn I’d long visualised. While it remains in Kate Howe’s ownership it is very vulnerable. it has no legal protection and at the stroke of a pen she could develop the area, its a prime spot and I feel she just might have her  sights on such a plan. But even if she didn’t, she will in time die as will I. Who will care for the place then?

No –  this has to belong within the public domain. I contacted the Scottish Parliament to lodge a petition. Four months passed and each time I phoned the reply was “not petition material”! However Mike Russell managed to convince them of the history and importance of the site to Scotland’s culture. Just before Easter came the news that the petition will go live!!

That is how things stand today. Our ancient culture, timeline, respect and historical truths are now at this final stage and I am praying to Mother Earth to do what is right. If we are failed then Scotland’s future will be at the mercy of wind farms, shooters of our wild life, greedy strangers, land fracking and nimbys with lots of cash.

My petition “calls on the Scottish Parliament to urge the Scottish Government to direct Historic Scotland to investigate what action can be taken to ensure the restoration and preservation of the Heart of Quartz stones positioned in a field next to the A815, opposite the junction of the B839, overlooking Loch Fyne, known as the Gypsy Wedding Place, referred to locally as the Tinkers’ Heart.”

Please sign the petition. You can find further information on the petition page and at the Saving the Heart of the Travelling People facebook page. The Royal Commission on the Ancient and Historical Monuments of Scotland has a record here.

Thank you.

Jess Smith.

Editor’s NOTES

(1) Content here has been removed but relates to the comment from John MacDonald below.