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Culloden delivery driver fined for stamping on gull's head to 'put it out of its misery'


By Court Reporter

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A herring gull was struck with the stuck before being 'put out of its misery'.
A herring gull was struck with the stuck before being 'put out of its misery'.

A delivery driver from Culloden has been fined £500 after stamping on a gull's head which he hit with a stick after it was trying to peck at his bread.

Alistair Davidson (60) previously admitted having intentionally or recklessly injured a young wild bird by throwing a stick at it and stamping on its head, fatally injuring it, contrary to the Wildlife and Countryside Act of 1981.

The early morning incident occurred as Davidson was making a delivery at the Co-op store in Meadow Lane, Thurso, on August 17, last year.

The stick is regularly used by Davidson to pull trolleys with deliveries up an incline into the store.

There was a young gull close by and the accused picked up the stick and threw it in the bird's direction.

However, said Fiscal David Barclay, the gull changed direction and was hit by the stick. Davidson then went over and stamped on its head to "put it out of its misery".

When cautioned and charged, Davidson, of Birch Place, Culloden, told the police officers: "It was an accident more than anything else. I threw the stick to scare the bird away. Unfortunately, the gull went the wrong way. I stood on it to put it out of its misery."

Solicitor Natalie Paterson previously acted for Davidson when he made his initial appearance in court. She made the point that had the gull come into contact with the wrapping in which the bread was packaged, it would be regarded as contaminated and unfit for sale.

The then-sheriff, Andrew Berry – who has since retired – described the accused's behaviour as "completely inappropriate" and said that he should have called a vet who would have dealt with the situation in a more humane way.

When Davidson appeared for sentence on Wednesday, solicitor David Paterson said that the accused had acted on a rush of adrenaline and added: "It was not his finest moment."

Mr Paterson said that Davidson was a man of exemplary character and had never been in trouble previously. The accused was full of remorse at his actions and embarrassed at coming to the attention of the court.

Sheriff Christian Marney said that there was a significant range of fines for such an offence designed to deter people from acting in such a manner.

The sheriff added, however, that he had taken into account everything that had been said on Davidson's behalf and would impose the £500 fine.


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