A FORMER soldier has been found not guilty of trespassing on land with a shotgun and destroying a bird of prey.

Charlie Dickinson, of Pulley Avenue, Eaton Bishop, was cleared at Hereford Magistrates’ Court on Tuesday following a trial.

The court heard he went to Shepherds Meadow in Eaton Bishop on October 25 last year with his father-in-law, Jimmy Smith.

Smith, 52, of The Bines, Clehonger, pleaded guilty on the day of the trial to trespassing on land, which belonged to John Williams, with a shotgun.

But the court heard that Mr Dickinson, 26, only went on land owned by John Matthews, who he said had given him permission to shoot.

Jackie Rogers, prosecuting, said that Mr Dickinson then shot and killed a Harris hawk named Scarlet, which was being flown on the land by Simon and Angela Poyner.

The hawk had flown into a wooded area and Ms Rogers said shooting into the trees was a reckless act.

But Mr Dickinson said he was trying to shoot a pheasant and fired one shot before walking on, not realising he had shot the hawk.

In statements read to court, Mr and Mrs Poyner said they regularly flew their pet birds there with permission from both landowners. An x-ray by a vet showed Scarlet had been shot.

Mr Dickinson told the court he had been in the military for six and half years and now farms 1,000 acres of land.

He said in-between these two jobs he worked at Timpson in Sainsbury’s, where he got chatting to customer, Mr Matthews, who then gave him permission to shoot on his land.

Mr Matthews, who is part owner of Bartonsham Farm Dairies, initially told the court he did not know Mr Dickinson and did not recall giving him permission.

But when he was asked if he recognised Mr Dickinson he said he possibly did.

Phone records from Mr Dickinson showed he had called Mr Matthews on October 14 and October 25, so Mr Matthews concluded he must have given him permission to shoot there but was adamant he said Mr Dickinson could never shoot game birds on the land.

Mr Dickinson said he was told he could shoot birds and rabbits but not to go near the river. His solicitor, Marilena Divitantonio, said shooting the hawk was an intervening act, which absolves Mr Dickinson of any kind of responsibility.

Magistrates found him not guilty of both counts. Smith was given a 12-month conditional discharge and ordered to pay prosecution costs of £300 and a £15 victim surcharge.