A 75-YEAR-OLD retired farmer from Broughton-in-Furness who admitted illegally baiting a trap with a live pigeon has been found not guilty of catching a sparrowhawk.

Arthur Livock, of Moss View, The Wreaks, denied a charge of intentionally using a Larsen trap to catch a wild bird, namely a sparrowhawk, at Furness Magistrates Court on Tuesday.

But he did plead guilty to using a larsen trap baited with a live pigeon and to keeping or confining a live pigeon in a cage which was not sufficient in size.

He was fined £500.

Prosecuting, Nigel Beeson said the charges had been brought following an investigation launched by the RSPB after receiving an anonymous tip-off from a member of public concerned about Livock's use of the trap.

The court heard that, after receiving the information on January 29, two officers from the RSPB investigations unit, Guy Sharrock and Chris Townsend, went to Broughton to examine the trap.

Officers discovered Mr Livock was illegally using a pigeon as bait to catch other birds in the larsen trap.

Mr Sharrock explained that it was not illegal to use a larsen trap but only birds of the crow species, which include rooks and magpies, could be used as bait to catch other birds of the same kind.

He said it was illegal to use the trap to catch sparrowhawks.

After filming and photographing the trap on January 29, the officers left and returned shortly after 6.30am the following day.

Mr Towsend said: "We camouflaged ourselves in the bushes near the trap and waited for Mr Livock to appear."

Mr Sharrock said: "Mr Livock appeared and reset the trap that I had unset the day before.

He then wandered off."

After taking more footage of the scene the two officers went to report the incident to the police.

PC Howson from Dalton visited Livock and inspected the trap with the RSPB officers.

On inspection, a sparrowhawk was found trapped in the cage.

PC Howson immediately cautioned Livock.

Livock explained to the court he had used the trap because he reared between 30 and 50 pheasants each year and had been trying to keep magpies away.

He denied he had been using the trap to catch a sparrowhawk.

He said: "Magpies have always been a pest on our 70 or 80 acres of land.

If we see any magpies we set about catching what we can, but I have never caught a sparrowhawk before and it is not what I was using the trap for."

Chairman of the bench Stan Gill said: "The charge against you relies a great deal on your intentions.

We do not feel that the prosecution has proved the case beyond reasonable doubt.

Therefore we find you not guilty."

Afterwards Mr Townsend said: "Although he was acquitted on the intentional taking of the wild bird charge, he still got a fairly good fine.

This will send out a clear message to other people thinking of using these sort of traps in an illegal manner."

Mr Townend added that, nationally, bird of prey persecution was a major problem with the RSPB dealing with 250 - 300 incidents (shooting, poisoning, trapping and destruction of nests) each year.