To arms!

You probably haven't seen this story before, but you've seen a dozen like it - overzealous, over-the-top prosecution of law-abiding person by authorities which chase politically correct agendas rather than target criminals.

Jim Railton is an auctioneer. He was given a lot to sell - a little wooden cabinet with some 19th century eggs in it. It was valued at £30. He put it up for sale.

He was arrested and treated like a criminal - he is now charged with two offences relating to the sale of bird eggs under the Wildlife and Countryside Act 1981 (an Act some 90 years younger than the eggs...). As Jim says,

"in retrospect, we should have just smashed the eggs. They are antique birds eggs, and all of common species, and had old paper copperplate hand-written labels on them.  It was a little oak chest, which we judged to be circa 1900.

We sell butterflies, shells, taxidermy – in fact just the type of things that come from people’s attics.  To be arrested for offering to sell this little chest seems absurd, and a complete waste of police time.  They have interviewed me twice, taken my fingerprints, swabbed me for DNA, had RSPB specialist inspectors visit Berwick to look at the eggs..."

Name and shame time - ridiculous attitude from the RSPB, who aggressively pursued this and caused the prosecution to come about. Even worse from Northumbria Police, who really ought to know better. Let's presume for a moment that they were right that this is an issue (which, of course, it's not, but play along...) - consider all the steps they could have taken before getting to this stage: (a) a friendly telephone call pointing out he'd unintentionally breached this rule; (b) a letter setting out a warning; (c) an in-person visit from a constable (we're already in OTT territory); (d) forbidding the sale; (e) summoning him for interview. But no; our masters really want to get this guy - because he's a law-abiding normal person who has strayed over a line - i.e. the favourite target for the authorities in modern Britain.

In the circumstances, Jim is understandably having a think about what to do next - get it all over with, or fight these ridiculous charges. Big Brother Watch has talked with him about assisting him in this unpleasantness which is of course disrupting his business and personal life; we begin by letting you know about it and calling for your help. For starters, you might like to visit their website and, if in the neighbourhood, support the business...

We are proud to support Jim in this ridiculous case. We have had some success with cases in the past and this is a prime example of the kind of overbearing, politically correct absurdity we were created to fight.

By Alex Deane

Comments

[David Cooper]

Is it too much to ask the "authorities" in cases like this to stop and think of the mischief rule, a principle that is based upon working out the legislator's intention? As far as the WCA 1981 is concerned, it will self evidently have been to stop the raiding of endangered species' nests. How could it possibly have been intended to trap an antiques auctioneer?

We see this time and again - legislation aimed at fly tippers being used to entrap duck feeders, and so on. Sacking some of these apparatchiks for gross incompetence would be a good start, but will it ever happen?

[Dave Atherton]

The only thing missing here is the invocation of the Terrorism Act. This is quite appalling abuse of public money of a decent citizen.

I have a theory, in that the more the internet protects us from oppressive government, the more they want to oppress us, discuss.

[Old Holborn]

We are all criminals now

[Tristan Downing]

The police don't care.. They really don't. Senior police are Labour stooges and so they are more than happy to attack relatively innocent people to boost their stats. It makes them too better on paper and it makes their political masters better.

My brother was arrested in London for impersonating a police officer simple because he was riding a bike with reflective markings, had a yellow reflective jacket and a white helmet. On the government's own Think! campaign, it says to wear a reflective jacket and a white helmet! They were verbally abusive, confiscated his protective clothing and helmet, they confiscated his bike, they then damaged all the electrics on the bike, they proovably lied on the police mechanics report, and they after a long bail, decided they didn't have a legal leg to stand on. After a formal complaint was made about the officers and the action took, the station Superintendent responded with a threatening letter saying my brother was guilty whether he liked it or not and if he knows whats good for him he should move on and count himself lucky they haven't done more yet. The IPCC did absolutely nothing because they are not in the least bit indepentent. There are virtually no checks on police power under this government, especially since the police have been used for Labour party actions, like arresting Damien Green for political reasons. Our police force is rotten to the core and we need to go inside and strip out these crooked cops.

The police in this case should face disciplinary charges for this abuse of power. The RSPB should also be forced to pay compensation and those responsible should lose their jobs.

[Tristan Downing]

Should have read "look better on paper"

[Donna]

This is utterly outrageous. I hope he does fight it - and makes a big song and dance about it in the media too.

[Rod Bridger]

The main purpose of this vile act by the police and others is to obtain DNA samples. Very probably this case will not go to court. What judge would sit and listen to it before throwing it out of court? Jim has provided his DNA, which he wouldn't of done if he had just been warned off. That DNS sample will now stay on file for ever.

We had a case in Hastings recently when a businessman was arrested in front of his family and neihbours for allegedly sending an email with the word 'Likely' in it. A council jobsworth decided that word sounds like 'pikey' a slang word for travellers. He was arrested, spent 4 hours in the cell. Fingerprints and DNA taken and then released. No charge. But they have his DNE on record AND his fingerprints.

It is worth noting that the HQ of the Europolice,from where this all originates, was the HQ of the Gestapo.

[europeanBoB]

Why call this a political correctness issue when its quite obviously about -all too common- over zealous (to the point of harassment) policing?

[gary]

I'm in complete agreement that this is all just a complete waste of time and resources, however as an experienced auctioneer of 30 years, it is perhaps a little naive of Jim Railton not to think this might raise some interest in certain communities - if only for reasons of publicity.

Political Correctness Gone Mad? Obviously. It's the age-old love for all things administrative that England love so. Our royal crest should perhaps illustrate a wagging finger of some gleefully-tutting, petty interferer.

None of this is particularly big or clever, but if Railton is smart, which is open to opinion, he'll spin this into an advantageous episode of PR for himself.

[Rose Whiteley]

Absolutely unreal.

[Derek Fisher]

This must be a hoax as there is no mention of man made global warming or carbon credits in this story.

[Stuart]

totally ridiculous. honestly this country is going bonkers!

[Lee]

As mentioned above, I think the police did fairly well here - as they managed to not use terrorism legislation.

[Jess The Dog]

Everyone should email the RSPB to say that, in the light of this case, they will not be supporting the charity and will be actively encouraging friends and RSPB supporters to withdraw their support.

[Stephen]

Is there no way that Northumberia Police can be called into account to explain why they think this absurd case is a just way to spend the public money and is in the interest of the general public.

[gary]

Before everyone jumps on the knee-jerk bandwagon, and we all march, lighted torch in hand upon the RSPB HQ, has anyone actually done any research into the extent of illegal egg selling and the possible good, or otherwise, the RSPB might generally do?

Personally I haven't - as yet.

But unless we wish to parry the political correct zealots we profess to be above, I suggest we do.

They might be under pressure or complete cvnts. I only know one side of this story so far.

[david]

The matter is more sinister than this. The act says it is an offense to sell the eggs but to incude them in the cabinet is accetable. So you buy the cabinet but the 'contents are free'. If he described the eggs then there is a problem. A stupid pointless waste of time. Please ask all the people you know to boycott the RSPB.

Finally I would point out a new idea being floated by the Home Secretary and animal rights freek Hilliary Benn. registration of dogs. How many incocent members of the real general public can you see falling foul of this 'dog tax'. They will not do away with the dangerous dogs just more taxes to poor silent majority.

[Robert Patterson]

Confirmation i shared this info on F.B. today!!!
In respect over the top arrest of this law abiding person. This is only one instance reflecting sad state of the U.K.

[David Thornton]

I cancelled my monthly subscription to the RSPB last week when I learnt it was using my donations to support the Robin Hood Tax campaign against the banks.

This outrageous persecution of a clearly honest man is further evidence that I did the right thing.

Anyone know a charity that supports wildlife but doesn't persecute the individual or have a political agenda?

[Lee]

RSPB setting up bird breeder . . . .

http://www.youtube.com/watch?v=LWi7sHRWKzQ&feature=related

Naughty stuff !

[elaine]

The RSPB are a big moneyspinning operation, I know this from someone who used to volunteer with them. They use Neuro Linguistic programming in training.

Any statute made in 1981 or whenever cannot legally be applied retrospectively.

Also I believe ECHR has judged that DNA details cannot be kept indefinitely.

[Damian]

I've just contacted RSPB to see what their side of the story is. Their web site says they can't respond to all queries due to volume etc., so I'm not holding my breath.

[Alex Deane]

Lee - I just watched that, in 3 parts - frankly quite unbelievable. Also quite the demonstration of how much better TV journalism was once...

[gary]

@David Thornton:

Yes David 'other animal charities are available', as the expression goes. Here's one based in Hampshire:

Saint Francis Animal Welfare:
http://sfaw.co.uk/

[Kitty Burgers]

This is a very bizarre case. It would be funny if it weren't unfortunately a true indecent. Please keep us posted.