Kempster Cleared of Dumping Hares but Guilty on Birds

James Kempster, a 39-year-old roofer from Totton, Hampshire, was acquitted of criminal damage charges but convicted of possessing two protected birds after an incident in Broughton. Magistrates found that while DNA evidence linked him to the carcasses of a barn owl and kestrel, there was insufficient proof to connect him to the dumping of 50 dead hares outside Broughton Community Shop on March 15, 2024.

The court heard how three men in balaclavas unloaded animals at the shop early that morning, creating what prosecutors described as a 'horror movie scene.' Kempster was accused of smearing blood and discarding animal carcasses but denied any involvement. He suggested his DNA might have been transferred from another source.

Magistrates noted discrepancies in clothing seen on CCTV footage compared to items linked to Kempster, particularly a logo on trousers. Despite prosecutors arguing that circumstantial evidence formed a 'compelling' case, the defence maintained there was not enough proof of his involvement in the broader incident. Kempster's DNA was found on both birds, leading to convictions under the Wildlife and Countryside Act.

The burnt-out vehicle used in the incident was later discovered nearby. The court heard that Kempster had previous poaching convictions but claimed he did not know how his DNA ended up at the scene. He will be sentenced for bird possession on June 23, with a maximum penalty of six months in prison.