Bird man scared goshawk from nest

The RSPB later found three eggs in the nest had failed to hatch

A man who used a remote camera to film a rare nesting goshawk could face jail after being convicted of disturbing the bird, which later abandoned three eggs.

John Kinsley, 36, from Merseyside, was caught with a remote-controlled camera in Clocaenog forest, Denbighshire.

Prestatyn magistrates also found him guilty of going equipped to disturb the bird. He will be sentenced later.

His co-defendant John Latham, 26, from St Helens in Merseyside, was cleared of all charges.

Britain has fewer than 500 breeding pairs of goshawks, which are large and secretive birds of prey which typically nest in areas of secluded woodland.

Kinsley was charged under the Wildlife and Countryside Act 1981 which makes it an offence to disturb a goshawk during the breeding season.

Legislation is in place to protect wild birds and it is good to see that the courts take this very seriously Guy Shorrock, RSPB

Magistrates heard how Kinsley and Mr Latham were arrested in May 2006 by North Wales Police and two rolls of film for a camera were seized.

Kinsley, from Newton-le-Willows, Merseyside, accepted that he went to the site to covertly photograph the goshawk nest, but denied intentionally disturbing the bird.

He admitted recklessly disturbing the bird but on a basis which was not accepted by the prosecution.

The prosecution claimed he caused the bird to leave the nest permanently, after which its three eggs failed to hatch.

During the three-day trial, Kinsley told the court: "I've had a lifelong interest in birds. It's a passion, not an obsession."

Britain has fewer than 500 breeding pairs of goshawks

Defending himself, he said: "I've learned a lesson and don't want to go through this again."

He said he now wanted to travel abroad and claimed he had been active in trying to protect birds in conjunction with the authorities.

Sentencing was adjourned to 26 March for a report and Kinsley was warned that jail had not been ruled out.

In 1997, Kinsley was convicted of disturbing a peregrine falcon. In 2001 a case of intentionally disturbing a golden eagle was declared "not proven" by a Scottish court.

RSPB Investigations Officer Guy Shorrock said: "The RSPB is pleased with the outcome of the case.

"Legislation is in place to protect wild birds and it is good to see that the courts take this very seriously."