Banstead Swifts <banstea...@gmail.com>:
Jun 21 09:04AM +0100
Morning
We questioned whether to share this here as there
was little response (we
acknowledge and are grateful to those that did) to
our post regarding
legals and changing things nationally to save
swifts.
The Police, developers, contractors and council are
witholding the building
survey that was carried out 48 hours prior to
demolition but they have
relied upon for evidence to supercede that of eye
witnesses. We have now
submitted an FOI to the Police and council for this.
The publics submissions on the planning application
should have been online
within 5 days of submission, but 7 months on they
are not online and the
council is not replying to advise if we maynview
them in the office, so we
have submitted a complaint on that too.
No support on the case came from RSPB. SWT. No NGO
at all.
It is disgraceful that 22 nests can be lost in one
fell swoop and it is
left to a handful of unpaid volunteers to hold
multiple businesses and
local government to account. It may have helped
morale and the public if
the NGOs had released a written statement on the
incident offering their
view and support for justice for the swifts. But
nothing for the swifts at
all.
The general public consistently ask what the RSPB
amd RSPCA are doing to
help and we have to say 'nothing'. They didn"t
believe it till they
started emailing themselves. BTW this is not an
attack on you Laurinda, it
is of the policies of the RSPB to not get involved.
Despite this we are still continuing our work on
justice for the swifts of
Dorking. We will continue to dig for information and
a route to legal
advice and a private prosecution.
We have already submitted a complaint to Surrey
Police regarding Nest 1.
Pound Road,Banstead Colony but we shall be
submitting another on their
whole month of sitting doing nothing whilst the
general public flagged up
swifts in the building and a wildlife crime
occuring.
Thanks to Mike Priaulx for his continued support and
lead, with his expert
knowledge, he is one in a million.
Best
Annie & Barry
URGENT NEWS - Surrey Police
It is what we expected.
14:17 update: We do not intend to drop this. We will
continue to pursue
justice for the swifts and nature. This is not the
end, it is the beginning
of the next chapter.
=======
Response from Surrey Police on Regent House
Demolition and Destruction of
up to 22 swift nests:
Good afternoon,
In regards to Regent House I am now in a position to
give a fuller update
in regards to your police report.
As part of the investigation, I have spoken with 10
complainants to
determine whether or not we have sufficient evidence
to proceed with any
form of criminal proceedings. Accounts from all 10
persons have been
obtained, either over the phone or via email.
Contact has been made with
both the council and the demolition company to
obtain their record of
documents as well as two ecologist reports that were
obtained, one of which
post partial demolition to ascertain if there was
any evidence of active
nesting, or if there was any evidence that there had
been prior to
demolition beginning. There appears to have been a
CCTV camera that would
have captured the site at one point; however,
Network Rail have confirmed
that this camera was owned by a different company,
which has since
dissolved and is not part of the train network.
Having obtained a timeline of events as produced by
yourselves, with the
videos and accounts by the complainants, as well as
the ecologists reports.
This matter was submitted to the National Rural
Crime Team for their review
and advice. They have confirmed that with the
evidence submitted, it would
have been "likely" that the swifts would have
returned to nest if left
undisturbed. The unit note that there is a lot of
circumstantial evidence
and presumptions, however this is not supported by
factual evidence. This,
coupled with the ecologists report (the second one
not the tree one), along
with the fact that scaffolding and monoflex sheeting
had been erected prior
to nesting season, would completely undermine a
prosecution.
Further to this, we have the requirement to prove
intent, from the
documentation that we have been provided, the
company appear to have
complied with all legislation to protect nests.
There is no offence of
"recklessness" in English law, there for intention
to destroy would have to
be proved, not that they were reckless or negligent
in the fact. This is
how Section 1 of the Wildlife and Countryside Act is
written.
In the reviewing officers opinion, there is no
realistic prospect of a
prosecution.
Based on this, no further action is being taken by
Surrey Police in regards
to this allegation and this matter will now be
filed. I appreciate that
this is not the news that you wanted to receive,
however as stated above,
the lack of physical evidence and the way that the
legislation is written
means that we will not be able to prosecute in this
matter.
Many thanks
PC 40387 Grout
Mole Valley Safer Neighbourhood Team
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