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Delivery driver stamped on gull in Thurso to 'put it out of its misery'


By Court Reporter

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A delivery driver who threw a stick at a bird then stamped on its head to "put it out of its misery" has been ordered to appear at court.

Alistair Davidson (67) was trying to keep the herring gull at bay with the stick while he made a delivery of bread at a Thurso store.

But the stick hit the bird, injuring it, Wick Sheriff Court was told on Friday.

His actions were described as "completely inappropriate" by Sheriff Andrew Berry who called for a background report on Davidson, who wasn't present in court.

Davidson admitted having intentionally or recklessly injured a 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 court was told said that the stick is regularly used to pull trolleys with deliveries up an incline into the store and was also employed to scare gulls.

There was a young gull close by and the accused picked up the stick and threw it towards the bird. However, it struck the gull and the accused went over and stamped on its head, killing it.

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

Solicitor Natalie Paterson told the court that Davidson had thrown the stick in the gull's general direction but the bird changed direction and the stick made contact. She said: "The accused then put the gull out of its misery."

The solicitor made the point that had the gull had made contact with the wrapping in which the bread was packaged, it would be regarded as contaminated and unfit for sale.

Sheriff Berry accepted that Davidson was a first offender but added: "His behaviour in which the bird was injured was completely inappropriate. His response in putting the seagull out of its misery was even more inappropriate. He should have called a vet or the RSPB so that the gull could have been dealt with in a more humane way."

Davidson will be sentenced on February 23 and will require to appear personally in court.


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