Farmer slams decision to prosecute him following nest disturbance case

It is an offence to disturb ospreys on or near its nest
It is an offence to disturb ospreys on or near its nest

A farmer who recently had his conviction quashed after being found guilty of disturbing ospreys said the whole case has caused an 'enormous amount of stress'.

Cumbria farmer Paul Barnes, 59, was charged with disturbing nesting osprey in June 2017 despite repeatedly pleading his innocence.

He was alleged to have driven his tractor and trailer with a group of schoolchildren close to the Bassenthwaite site, scaring the birds of prey from their nest.

Ospreys are protected under the Country and Wildlife Act 1981, meaning it is an offence to disturb the bird on or near its nest.

The Lake District Osprey Project lodged a complaint to police after cameras on the land showed the farmer and the group below the nest. The birds flew off, but returned 20 minutes later.

Mr Barnes has always strongly denied the two charges. Despite this, he was convicted following a court trial in August 2018. He then submitted an appeal.

Last month, he was finally acquitted of all charges. A judge at Carlisle Crown Court ruled on 22 March 2019 that the incident was an 'agricultural disturbance' and not a crime.

Mr Barnes, an award-winning educator who teaches children about farming and conservation, has now spoken out about the 18 months of 'stress' and 'outrage' he experienced.

“This case has cost me an enormous amount of time and stress. It’s taken a year and a half and there was no case to answer,” Mr Barnes told The Telegraph.

“I’m a conservation award winning farmer and children’s educator and they should be rewarding not prosecuting me.”

The farmer said that he makes 'maximum effort' to disturb nesting ospreys 'as little as possible'.

“It was an outrage. The judge said a crime had not taken place. The nest is in the corner of a field and you’re allowed to disturb it - ie walk or drive past it - if it's in pursuit of your agricultural duties,” he said.

Tim Bonner, Countryside Alliance chief executive, said the prosecution against Mr Barnes was 'misguided' and 'wasteful'.

He said: “Everyone needs to take care not to disturb birds like ospreys, especially during the breeding season, but this prosecution was misguided, wasteful and put Mr Barnes through a stressful and unnecessary experience.”