Harry Sissen, 66, was sent to prison for 21 months by Northallerton magistrates. As he was led from the court in handcuffs he threw a glass of water over James Fletcher, who had prosecuted the case on behalf of HM Customs and Excise.
During the two-hour hearing, Sissen repeatedly protested his innocence and insisted that he was not able to pay the amount. Sissen, of Cornhill Farm, East Cowton, near Northallerton, has already spent eight months behind bars after a court found him guilty of smuggling rare macaws in 2000. In July, he was ordered to sell land to pay a £150,000 confiscation order or face a further 21 months in jail.
Yesterday, Sissen said it was not within his power to sell the land. "I cannot sell a square inch of land without my sisters' agreeing to it," he said. "It is completely out of my hands. They know the position I am in. They made a promise to my father that they would never ever sell the farm. "I have been through hell over this. All I have done is breed a few birds. If I go back to prison, I am going to go on hunger strike. I am going to get publicity."
In April last year, Newcastle Crown Court ordered 140 of Sissen's birds to be seized by Customs and Excise officers. Since then, more than 60 of the birds have died.
Mr Fletcher, prosecuting, said: "It is a fact that he has assets available to pay the order. At the original hearing he was given nine months to pay the order precisely because it would be difficult to realise the assets of the partnership.
"Just because assets are difficult to realise, it doesn't mean that they are not recoverable." Announcing their decision, chairman of the bench Muriel Blythman said: "It is worrying that Mr Sissen has indicated his decision to go on a hunger strike if sent to prison. We also know that he is a man of advancing years who is clearly adamant of his innocence.
"However, we do not feel that these issues should interfere with the interests of justice."
End of report
Harry Sissen, 65, of Cornhill Farm, East Cowton, Northallerton, claimed Customs and Excise's seizure of the rare birds was disproportionate - and urged Mr Justice Newman to hand them back.
But the judge dashed Mr Sissen's chances of seeing the birds again - saying his 2001 conviction counted against him and the "public interest" lay in protecting endangered species.
Mr Sissen received a two-and-a-half-year jail term in 2001 after he was found guilty of smuggling three extremely rare Lear's Macaws and six Blue-Headed Macaws into the UK.
The sentence was later cut to 18 months on appeal, but he was also hit with a £150,000 confiscation order.
In April last year, Newcastle Crown Court ordered 100 of Mr Sissen's birds be forfeited to Customs and Excise. Since then, 61 of the birds have died of a virus but Mr Sissen battled for the return of the surviving 39.
The Crown Court judge said it was "more likely than not" that at least some of the siezed birds had been unlawfully smuggled into the country.
And, as birds legitimately bred by Mr Sissen had been "mixed, packed or found" with the illegally-imported birds, the judge ruled all of them could be taken away.
Simon Farrell QC, for Mr Sissen, argued the decision to take all the birds away was disproportionate and violated his human rights.
However, dismissing the judicial review challenge, Mr Justice Newman said Mr Sissen's smuggling conviction related to an international operation to import endangered species into the UK.
He added: "Mr Sissen is a man about which positive things can be said - but he has been carried away by an unwavering sense of knowing best. This was not the first occasion on which he had indulged in such illegal importation and was part of a professional importation."
End of report
At a High Court hearing in London, Mr Justice Mitting granted him permission to commence proceedings for a judicial review of the verdict,which prevented the return of l00 of his birds.
Mr Sissen's grounds for seeking a review were that vital documentary evidence was lost in transit between a magistrates court hearing he won and a crown court appeal that went against him.
He also claims errors of law were made by the judge in imposing a penalty out of proportion to the evidence, and that the appeal case was heard by a judge with prior knowledge of him, having sent him to prison three years before. He was granted the first two grounds but denied the third - that Judge Guy Whitburn should not have heard the case for reasons of bias.
His counsel also argued that the seizure of the most endangered birds from his aviaries during the breeding season in 1998 amounted to a violation of his human rights. However, Customs and Excise argued that legitimately bred birds had been used by him to conceal illegally smuggled birds in his aviaries, making forfeiture of all 100 birds appropriate.
The case in question took place in June last year, when Judge Guy Whitburn QC presided over the confiscation appeal hearing at Newcastle Crown Court.
Previously, District Judge Ray Anderson had found in favour of Mr Sissen at Richmond Magistrates' Court in November 2002, deciding that the birds had been lawfully obtained, and ordering them to be returned to him.
They include some of the rarest 'sn the world, including Illiger's macaws, a kea parrot, Goffin's cockatoos, hawk-headed parrots, red-vented cockatoos, palm cockatoos, citron-crested cockatoos, Moluccan cockatoos, red-fronted Amazons and caninde macaws.
The 65-year-old North Yorkshire farmer, who has enlisted the help of local MP and former leader of the Conservative Party William Hague in his fight for justice, said he was delighted by the decision.
He said: "For ten minutes Pat and I could hardly speak when we heard. We were in. shock. I had tears in my eyes."
A date has yet to be set for the full hearing, which will take place before the Divisional Court in London.
End of report
And he has enlisted the help of his MP and former leader of the Conservative Party William Hague in his fight for justice.
He is due to travel down to London to argue his case on February 13, to be allowed to try to overturn the appeal that went against him.
The Richmond MP has become very interested in Harry Sissen's fight to get his birds returned, and told Cage & Aviary Birds: "I have asked for further details of the case, and am very sympathetic to Mr Sissen's situation. He appears to have a strong case.
William Hague originally gave evidence for the prosecution at Harry Sissen's trial to report what the 65- year-old farmer had said when he had consulted the MP about the case.
In November 2001, District Judge Roy Anderson found in Harry Sissen's favour at a confiscation hearing at Richmond Magistrates' Court.
He ruled that about 100 of the 144 birds should be returned to him, since they did not form the basis of any prosecution and were backed by DNA evidence proving that they had been bred by him.
However, Customs and Excise; appealed against that decision and that appeal was upheld at a hearing at Newcastle Crown Court.
Judge Guy Whitburn officiated at that hearing. He was the judge who sentenced Harry Sissen to two and a half years in jail at his Newcastle Crown Court trial in April 2000.
Judge Whitburn ruled that all of the birds should be forfeited because it was not possible to prove where every bird had originated.
This meant Mr Sissen would have to relinquish all claim on the rare and endangered birds seized in two raids in the spring of 1998.
They included some of the rarest in the world: Illiger's macaws, a kea parrot, Goffin's cockatoos, hawk-headed parrots, red-vented cockatoos, palm cockatoos, citron-crested cockatoos, Moluccan cockatoos, red-fronted Amazons, caninde macaws, scarlet macaws, Triton cockatoos and Buffon's macaws.
When they were taken they were placed with zoos around the UK, but it is believed that as many as 59 of the birds may have since died, and few of the remainder have bred since being taken from their breeding enclosures at the North Yorkshire farm.
End of report
Harry Sissen, 64, one of the world's leading authorities on endangered species, was hoping to win back the birds which had been seized when he was convicted of smuggling three years ago.
Yesterday, a judge decided all of them should be re-homed. And in a double blow, Mr Sissen was ordered to pay £80,000 court costs - bringing his total legal bill to £250,000.
Mr Sissen was sentenced to 30 months in prison in 2000 after a jury convicted him. His conviction came after Customs and Excise officers raided his premises at Cornhill Farm Estate, East Cowton, North Yorkshire, and seized 144 birds.
After serving his sentence, a confiscation hearing was held at Richmond Magistrates' Court which decided that Mr Sissen could keep 100 of the birds but had to give up the remaining 44.Customs officials immediately launched a legal bid to stop the birds being handed over.
Judge Guy Whitburn, at Newcastle Crown Court, said magistrates were wrong in deciding to confiscate just some of the birds. Because Mr Sissen could not prove that the birds were legal due to a lack of paperwork, all of them were confiscated and will be re-homed.
The stunned bird expert lashed out after the judge delivered his decision. Mr Sissen told the judge: "All of the times I have been in front of you, you have shown yourself to be extremely biased towards Yorkshire farmers and you have strong opinions of me.
"There is no justice, this is supposed to be a court of justice. There has been no justice for me, my family, or my birds.
"I should have stolen and killed them, I would have been let off scot-free. I have done no harm whatsoever, my conscience is perfectly clear."
Speaking after the hearing, Mr Sissen said he will never give up his fight to win back his birds and has already lodged an appeal.
He vowed: "The only way they can stop me is to kill me."
Mr Sissen was targeted by Customs and Excise officers as part of an international crackdown on the illegal importation of endangered species.
The court heard how the birds were worth more to a smuggler than heroin.
End of report
Harry Sissen - an acknowledged world expert on rare species - is hoping to win the return of his birds, seized after he was convicted of smuggling three years ago.
Yesterday, customs officials launched a legal bid to stop the birds being returned.
Teesside Crown Court heard claims that the 64-year-old from North Yorkshire was a professional trafficker in endangered species with links to smugglers worldwide.
The Customs and Excise Department is appealing against a decision to return 100 parrots to Mr Sissen after he served an 18-month jail sentence imposed at Newcastle Crown Court in April 2000.
He was jailed for breaching restrictions on importation of endangered species, relating to three Lear's Macaws from Latvia and six blue-headed macaws from Slovakia.
Belgium and Holland are the only EEC countries from which the UK accepts birds.
Yesterday, the court heard how Mr Sissen had been caught smuggling as long ago as 1977. The jury heard he was spotted at Dover with four parrots hidden inside his coat and another 18 in concealed compartments in his car.
In 1981, he was arrested at Felixstowe Docks with 38 parrots hidden in holes drilled into the chassis of his van.
At his home, Cornhill Farm, East Cowton, Northallerton, investigators found faxes and letters linking him with bird smugglers in Brazil, Slovakia and the US.
Customs officer Sarah Wallder said that she seized 136 birds from his aviaries in June 1998 and eight in March 1999. She said: "The point of restrictions is to prevent or restrict the trade in endangered species and thus promote their survival."
The Brazilian government applied for repatriation of Mr Sissen's Lear's macaws, which are among the world's rarest birds, with only 140 left and about 20 breeding pairs. They are Annexe A - which are critically endangered.
Mr Sissens challenged her, saying: "You came to my place and you took away all my birds in the middle of the breeding season."
Miss Wallder said that three birds had been bred since the raid.
Mr Sissens said: "If you had left them on my premises I would by now have bred almost 300 A-list birds. Plus 50 of my beautiful adults have died under your supposed care."
The case is continuing.
End of report. The judge said he would give his decision on 28th April.
Last November Judge Roy Anderson, presiding over confiscation proceedings at Richmond Magistrates Court decided that around 100 of the 144 birds seized in two raids on his North Yorkshire farm should be returned.
When the judgement was handed down, a spokesperson for Customs and Excise said, regarding an appeal: 'We are waiting to see formal written judgement from the judge and will be in discussion with our solicitors and other parties before we make any further decision."
However at a recent hearing Customs declared its intention to fight the decision, and a date has been set for the latest round of the long-running legal battle.
It will take place at Teesside Crown Court from April 8 to 10. It will be presided over by Judge Guy Whitburn, the justice who jailed Harry Sissen for two and a half years at Newcastle Crown Court in April 2000 for illegally importing protected species.
End of report
A court ruling has found in his favour in the case of around 100 of the 144 birds taken from him in two raids on his North Yorkshire farm in 1998.
The decision could open the door to a substantial claim for compensation against Customs for the wrongful seizure of the birds.
At least 40 have died in the four and a half years since they were taken, and any claim would also take into account the large number of rare birds that could have been bred in that time.
Among the birds scheduled for return from zoos and bird gardens across Britain are Illiger's macaws, a kea parrot, Goffin's cockatoos, hawk-headed parrots, red-vented cockatoos, palm cockatoos, citron-crested cockatoos, Moluccan cockatoos, red-fronted Amazons, caninde macaws, scarlet macaws, Triton cockatoos and Buffon's macaws.
The family is insisting on the return of the bodies of the birds that have died, to provide evidence and to check identification.
Only the military macaws, hyacinth macaws, long-billed corellas and thick-billed parrots are to be forfeited, along with the birds that formed the subject of his trial - three Lear's macaws and six blue-headed macaws.
Harry Sissen was jailed for two and a half years at Newcastle Crown Court in April 2000 and ordered to pay £5,000 costs after being found guilty of illegally importing the nine birds, though his sentence was reduced to 18 months on appeal.
However, he always maintained that his collection of rare birds were bred by him and legally acquired, and he produced DNA evidence to back up his claim in this civil hearing.
District Judge Roy Anderson, who presided over the case and handed down the judgement at Richmond Magistrates' Court that decided the fate of the birds, described the 63-year-old farmer as "a Jekyll and Hyde character".
He said what had started out as a hobby had become an obsession, leading to contact with zoos and specialist breeders around the world.
However, he said his lack of records of his original purchases, made before modern day licensing laws were introduced, meant he had been forced to "scrabble round" to try to prove his birds were acquired legally.
He said: "Mr Sissen is a man who has contributed greatly to the preservation of endangered species, but on the other hand was a person prepared to break the law."
Pledge to fight on
The verdict on the legality of the birds in his possession proved the first success for Harry Sissen after years of courtroom battles.
After his 13-day trial at Newcastle Crown Court in 2000 and at the Court of Appeal in London, he fought confiscation proceedings at Harrogate Magistrates' Court and condemnation proceedings at Teesside Crown Court.
In the last of these, in November 2001, he was ordered to pay £150,000, the amount by which he was said to have profited from his breeding of rare birds.
However, this figure is likely now to be reduced in light of the recent verdict, which shows that a substantial part of that profit was legally obtained.
Despite his success in the latest case, the first in which he represented himself, he says he is determined to go further and secure the return of those birds he has been told to forfeit.
"Everything I could possibly prove by scientific means to be legal, I have done " said Harry.
"But there's no way I could prove that birds I bought 30 years ago were legal, any more than any zoo can prove where they got their animals in the '60s and '70s.
Counting the cost
Judge Anderson declared that in the light of his decision, no award for costs would be made. Customs had planned to apply for £ 80,000 costs in the case, had it succeeded in getting all the birds confiscated.
Asked about a possible appeal, a spokesman said " We are waiting to see formal written judgment from the judge and will be in discussion with our solicitors and other parties before we make any further decisions."
Leaving Richmond Magistrates' Court yesterday, Mr Sissen vowed to continue his fight to have all his birds, confiscated in raids by Customs and Excise officers, returned.
Five years ago, Mr Sissen's home at Cornhill Farm, East Cowton, near Northallerton, was raided and 144 macaws, cockatoos and parrots were seized.
He was later jailed for 30 months for smuggling - but the sentence was cut to 18 months on appeal.
A condemnation order was put on his collection, with the birds all being taken to zoos and specialist gardens across the country, but he also appealed against it.
At yesterday's civil hearing, Mr Sissen recovered about 70 of the birds when it was ruled that there was insufficient evidence to prove they had been illegally imported.
District Judge Roy Anderson said Mr Sissen's involvement with the birds was an obsession that transcended the ordinary.
He described him as a person concerned with the welfare of the endangered species but also as "a person prepared to break the law. He has a Jekyll and Hyde character and the orders reflect that".
In court, Mr Sissen thanked Judge Anderson for returning some of his collection. He said: "I know this hasn't been easy and you have tried very hard. I appreciate all you have done to help."
However, he had earlier condemned the raids carried out by Customs and Excise. He said: "If they had made proper inquiries before they raided, then none of this would have happened."
As he left the court, Mr Sissen said he was determined to have all his birds returned, including three Lear macaws of which there are thought to be only 250 left in the world.
He said: "The fight will go on. I am the best breeder in Europe and when you believe in something then you fight for it."
A spokesman for Customs and Excise said: "We accept the ruling and will make arrangements to return the birds to Mr Sissen. All those that have been ruled liable to confiscate will be found suitable homes."
The hearing follows raids on Harry Sissen's aviaries at Cornhill Farm, East Cowton, near Northallerton, which led to him being sentenced at Newcastle Crown Court to 30 months in prison - reduced to 18 months on appeal - for smuggling rare birds into Britain.
District Judge Roy Anderson, who heard four days of evidence in the civil hearing earlier in the year, told Sissen he must forfeit three Lear macaws and six blue-headed Macaws, which were the basis of his conviction at Newcastle in April, 2000. He claims there are only 150 Lear macaws left in the world. Sissen, 63, had placed a value of over £100,000 on the 144 birds, some of which have died since they were seized by Customs in two raids in 1998.
Sissen, who had previous convictions for illegal imports dating back to 1977, claimed he had bred all the birds or had acquired them legally. Judge Anderson ordered Customs and Excise to return some of the birds, but told the former farmer that what had started out as a hobby had become an obsession, as his success gave him an international reputation which resulted in zoos and other specialists loaning him breeding stock. It had led to arrogance which was illustrated by the way he had run his business almost exclusively in cash and was not registered for VAT, even though he was selling birds valued at thousands of pounds.
As a result he had been forced to "scrabble round" to trace contacts to try to establish his birds were acquired legally when Customs and Excise had sought the forfeiture order. Judge Anderson said Sissen began breeding birds before imports were restricted by the Convention on International Trade in Endangered Species of Wild Flora and Fauna in 1976. Evidence suggested Sissen had acquired breeding birds by working with shadowy figures such as a man known only as Zlatco from Slovenia and another called Dave, whom he met in roadside lay-bys in the south of England.
Judge Anderson said: "Mr Sissen is a man who has contributed greatly to the preservation of endangered species but on the other hand was a person prepared to break the law. He is a Jekyll and Hyde character." After hearing that Sissen had not paid £150,000 which the Newcastle trial judge, Guy Whitburn QC, ordered him to hand over as the proceeds of his criminal activities, Judge Anderson made no order on a Customs and Excise application for £80,000 costs in the forfeiture hearing.
Outside Richmond Magistrates Court where Judge Anderson gave his reserved judgment, Sissen said the legal action would continue. "I am very grateful to the judge because in my opinion his job was impossible - as was mine. I was given an impossible task to prove that my birds were legal."
Judgement was reserved at the end of the three-and-a-half day civil hearing at Harrogate Magistrates' Court to decide whether the birds will be returned to him or forfeited.
The case had already been adjourned for two weeks to allow him to produce DNA evidence proving the birds were related and were bred at his North Yorkshire farm.
In his defence he called the boss of bird DNA analysis laboratory Avian Biotech International, Jim Reeves, as an expert witness. Jim Reeves travelled up from Cornwall for the case but was challenged by Customs and Excise's barrister, Simon Draycott QC, about his lack of a university degree or relevant scientific training.
District Judge Roy Anderson ruled that Jim Reeves could not be regarded as an expert witness, but he was allowed to present the lab report.
Jim Reeves explained that a proportion of the DNA tests indicated Harry Sissen's birds were related, but not all tests confirmed a relationship. However, Simon Draycott told the court the DNA figures presented were irrelevant, and that there was evidence, including faxes to and from dealers, which amounted to shopping lists, to show Harry Sissen had been smuggling birds from outside the European Union.
He claimed that any aviary-bred birds were indistinguishable from those illegally imported and so were automatically liable to forfeiture.
He said his birds had been effectively "kidnapped' by Customs, who had lodged them in collections around the UK, including some with witnesses at his trial.
He claimed some had died of neglect and others had become infected with a virus, which meant they were now useless for breeding.
The 144 birds confiscated by Customs in two raids on the family farm in 1998, valued by Harry at over £100,000, were placed mainly with zoos and bird gardens across Britain.
Around 40 have since died, among them hyacinth macaws, red-vented 1 cockatoos, Buffon's macaws, thick-billed parrots, and Goliath palm and triton cockatoos.
In April 2000, Harry Sissen was jailed for two and a half years and ordered to pay £5,000 costs for illegally importing three Lear's macaws and six blue-headed macaws. Later, his sentence was reduced to 18 months on appeal.
He still must find £150,000 following last November's condemnation hearing at Teesside Crown Court, at which he was given nine months to raise the money or face being sent back to prison.
The judge's decision on the latest civil hearing will be given in August or September.
End of report
District Judge Roy Anderson reserved judgment at the end of a three-and-a-half day civil hearing at which Customs and Excise have argued that Harry Sissen, of Cornhill Farm, East Cowton, near Northallerton, should forfeit the birds, including three Lear macaws of which there are only 150 left in the world.
Mr Sissen, 63, was sentenced to 30 months in jail, later reduced to 18 months on appeal, after a jury found him guilty of smuggling the Lear macaws and six blue-headed macaws at Newcastle Crown Court in April, 2000. He was ordered to forfeit £150,000, said to be the proceeds of criminal activities.
The Customs application to retain the 144 birds, which Mr Sissen values at more than £100,000, was adjourned until yesterday at Harrogate Magistrates Court to allow him to produce DNA evidence which he claims proves beyond doubt that they were bred in his aviaries and not imported illegally.
But soon after James Reeves, of Avian Biotech International, which has its headquarters in Tallahasee, Florida, went into the witness box, his status as an expert witness was challenged by Customs barrister Simon Draycott QC, after he admitted having no university degree and no scientific training. Judge Anderson ruled he could not be called as an expert witness.
Mr Reeves, of Truro, Cornwall, was allowed to present a lab report explaining what proportion of the DNA tests indicated Mr Sissen's birds were related. Although Mr Sissen told the earlier hearing that the results had come back 100 per cent in his favour, the figures varied.
Mr Draycott told the court the DNA figures were irrelevant and said there was sufficient evidence, including faxes to and from dealers, which amounted to shopping lists, to show Mr Sissen had been actively engaged in smuggling from outside the European Union. The judge's decision will be given in August or September.
The birds were seized by Customs and Excise, and Harry Sissen faces losing them forever. He values them at more than £100,000, but faces forfeiture after being given a 30-month prison sentence - reduced on appeal to 18 months - for illegally importing three Lear and six blue-headed macaws.
Sissen, of Cornhill Farm, East Cowton, near Northallerton, in North Yorkshire, expressed surprise when Customs and Excise did not produce the DNA evidence at the civil hearing before District Judge Ronnie Anderson at Harrogate Magistrates' Court.
He claimed DNA test results were "100 per cent" in his favour.
Sissen, 63, has also been ordered to hand over £150,000 which a Crown Court judge ruled was the result of criminal activities.
Judge Anderson adjourned the hearing to June 24 after telling Sissen he had seven days to produce his DNA evidence to the Customs and Excise and the court.
Harry Sissen spent three days locked in battle with Customs and Excise at a civil hearing at Harrogate Magistrates' Court, North Yorkshire, before being granted extra time.
He is trying to recover birds he says have a value of £100,000. They were seized in raids on his Cornhill Farm, at East Cowton, near Northallerton, which resulted in him being sentenced to 30 months in prison for smuggling, a term which was reduced to 18 months on appeal.
Customs officers are seeking a Condemnation Order under the Customs and Excise Management Act, which would mean that the birds would stay in zoos and bird gardens across the country.
Yesterday, on the third day of the hearing and after spending more than seven hours in the witness box, Mr Sissen, 63, told District Judge Ronnie Anderson he could prove that birds were bred by him and not imported illegally.
"DNA fingerprinting came back 100 per cent in my favour," Mr Sissen said.
He claimed to have copies of genetic fingerprinting certificates showing that 99 of the birds were bred by him.
"Customs are saying I have been negotiating to buy more birds and bring them into the country," he said.
Nobody has ever seen me bring birds in and the DNA proves I didn't."
The hearing will be reconvened on June 24, so that the certificates can form part of the evidence.
End of report
Harry Sissen has already been convicted of smuggling Lear's macaw and a blue-headed macaw into Britain following a well-publicised case at Newcastle Crown Court, in April 2000. He was sentenced to two-and-a-half years in prison - later reduced to 18 months on appeal - and, after serving his time, was subsequently ordered to pay the Crown £150,000 he was judged to have made from trading illegally in rare birds.
However, Mr Sissen has always maintained his innocence, and this week went to court in an attempt to win back the 140 birds confiscated from his farm near East Cowton, North Yorkshire, in raids by Customs and Excise officers, in 1998.
On the second day of the hearing yesterday, Mr Sissen told District Judge Ronnie Anderson that, despite previous convictions for smuggling in 1977 and 1981, none of his birds were obtained illegally.
He insisted his appearances in court were not because he had tried to evade regulations governing the import of rare species, but because he had failed to understand rules introduced in 1975.
He also accused both customs officers and the Royal Society for the Protection of Birds of failing to understand the motivation for his work, which he claimed was inspired by a wish to conserve rare species rather than profit from them.
"The best way to ensure these birds are not taken from the wild and endangered further is to breed them in captivity so dealers are not tempted to buy them from illegal sources," he said. "That is exactly what I have been doing, but I just don't seem to be able to get that into anyone's head."
He claimed the three rare Lear's macaw found on his premises were birds he had obtained from legal sources within the European Union, while he had been given half-a-dozen blue-headed macaw by a mysterious man with a German accent who had knocked on his door at home. Simon Draycott QC, acting for Customs and Excise, told yesterday's hearing at Harrogate Magistrates' Court that Mr Sissen was lying.
He pointed out that two years ago a judge and jury had concluded Mr Sissen had bought the rare birds from a contact in Yugoslavia and then smuggled them into the UK, for which he had been convicted.
The case continues.
Harry Sissen, who was jailed for illegally importing some of the world's most endangered species after a Newcastle Crown Court jury rejected his story, insisted it was true yesterday at a civil hearing to try to recover 144 birds seized by Customs and Excise.
But he admitted to District Judge Ronnie Anderson at Harrogate Magistrates' Court that his Yugoslavian contact, called Zlatco, whom he des-cribed as "living in a fantasy world", had disappeared and the fate of his Lear macaws - of which there are only 150 in the world - was unknown.
Mr Sissen, 63, of Cornhill Farm, East Cowton, near Northallerton, was sentenced to 30 months in prison, later reduced to 18 months on app-eal, after a jury found him guilty in April 2000 of smuggling three Lear macaws and six blue-headed macaws.
Customs and Excise says they were illegally imported in contravention of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), but Mr Sissen argues those birds and others seized from his home were captive bred in Britain.
Under cross-examination by Simon Draycott QC, for Customs and Excise, he repeatedly denied that a file of faxes and other documents found in the raid was evidence that he had been negotiating with Zlatco and others to smuggle birds on the CITES list into Britain.
Judge Anderson has to de-cide whether to grant an application from Customs for the seized birds, which Mr Sissen says have a value of £100,000, to be forfeited or whether they should be returned to East Cowton from zoos and bird gardens across Britain.
Describing his belief that he had a duty to preserve rare birds which were in danger of extinction, he said: "My way of looking at it was that there are thousands of farmers producing millions of tonnes whereas I had the opportun-ity to do something for future generations of the world.
"I don't buy birds to make money and never have."
Mr Sissen, who said he had owed the bank up to £42,000 in pursuit of his ambitions, added: "I still think I am right. Anyone with knowledge of birds thinks I am right and future generations will think I am right."
He told Judge Anderson his breeding programme had been so successful that he had filled Europe with five species of rare birds, including the red-fronted macaw, which had deflated their value to the point where it was no longer worth dealers smuggling them. "I am very proud of that."
The hearing continues
Customs and Excise is seeking forfeiture of 144 birds, including three Lear macaws of which there are only 150 left in the world, which were seized in a raid on Harry Sissen's home at Cornhill Farm, East Cowton, near Northallerton, North Yorkshire, in 1998.
Sissen, 63, was sentenced to 30 months in prison - later reduced to 18 months on appeal - after a jury found him guilty of smuggling the Lear macaws and six blue-headed macaws at a Newcastle Crown Court trial in April, 2000.
Judge Guy Whitburn QC later ordered him to hand over £150,000 proceeds of his criminal activities.
Customs and Excise returned to Harrogate Magistrates Court yesterday to ask District Judge Ronnie Anderson to order the forfeiture of the 144 birds taken when the aviaries were raided - including the so-called "Brazil Three" - which have been kept at the taxpayers' expense for four years.
Sissen, aided by his daughter, Yvonne Scales, is representing himself in proceedings, which are expected to take three days.
Customs and Excise barrister Simon Draycott QC told the judge that Britain signed the Convention on International Trade in Endangered Species of Wild Fauna and Flora in 1976.
Birds like the Lear macaws, which are threatened with extinction, are on the Schedule A list which means commercial trade is prohibited. Many of Sissen's birds were species from Australia which has a total ban on the export of live fauna and flora.
Mr Draycott told Judge Anderson that the Lear and blue-headed macaws should be forfeited because they had been the subject of the criminal conviction, but the law also allowed for the forfeiture of all the seized birds if it could be shown they had been used as a cover for any imported illegally.
Sissen had failed to keep accurate breeding records for the birds in his aviaries, he added.
End of report
Boris Johnson, editor of national news magazine The Spectator, and successor to Michael Heseltine as Conservative MP for Henley, is calling the crusade "Free the Brazil Three".
He wants to see the extremely rare birds given back to the Brazilian authorities, who run a breeding programme for the species. But the macaws are locked in legal limbo until the outcome of the latest in a series of court battles is resolved.
The three birds - a pair of eight year olds and a 12-year-old female were seized by Customs & Excise officials from rare parrot breeder Harry Sissen in April 1998.
They formed part of the subject of the charges for which he was convicted of smuggling birds in March 2000 and received a two-and a-half year sentence, reduced on appeal to 18 months.
After the raid on the Sissens' farm in. North Yorkshire, the birds were taken to Harewood House, near Leeds, where they were kept out of sight of the public.
The Brazilian authorities expressed a desire to have the birds flown back to their country at the conclusion of the case, but ownership could only be decided by the courts at the conclusion of a confiscation hearing.
Three years after the seizure of the birds, they are still in Yorkshire, awaiting the outcome of the appeal hearing concerning the confiscation proceedings, which is expected to take place later this year.
"I do think it is appalling that these beautiful animals are kept where no one can see them or enjoy their beauty," said Boris "and they obviously need to go back to Brazil to take part in breeding programmes.
"I'm not an expert - put me down as an enthusiastic amateur-but these birds are needed for breeding purposes and they are in Britain when they could be in Sao Paulo getting on with breeding."
Flaxen-haired Boris, aged 37, who has twice been a guest on humorous topical television news quiz Have I Got New For You, was persuaded to launch the campaign by his father, who is an environmentalist and works in animal welfare.
"I have put down a question in the House and I have written to the Attorney-General to find out what is going on," said Boris.
"I've just had a letter back saying they are looking into it, to give an explanation why it's taking three years, which is quite a chunk out of the life of a macaw."
Lear's macaws are listed as a critically endangered species, with a wild population recorded as being fewer than 150 birds.
There are only two colonies left, both of which are in north-east Brazil. Poaching and the removal of the licuri palms that provide them with their staple diet of palm nuts, to supply farmers with grazing land, is blamed for their decline.
End of report
There are 246 Lear's macaws left in the wild and environmentalists are anxious to have the three returned to their jungle homeland for a breeding programme. They have been held in a Yorkshire aviary since they were seized by Customs in 1998 after having been smuggled into England.
Boris Johnson, the Tory MP for Henley, is to raise the case in Parliament and Celso Amarim, the new Brazilian Ambassador is expected to take it up with British officials when he arrives
this month.
The blue and yellow birds are found wild exclusively in the Bahia region of Brazil where they nest in sandstone cliffs and eat fruit from licuri palm trees. The Brazilians want to breed from them to lessen the threat of extinction.
A spokeswoman at the Brazilian Embassy in London said yesterday that there had been several exchanges of letters with the British Government. "We have even sent an official note
to the Foreign Office raising our concerns," she said. "We think it is taking an extraordinary long time. People in Brazil are getting impatient."
Mr. Johnson said " I hope that people will back me in a campaign to free the Brazilian Three.
I do not believe the British taxpayer will indefinitely pay for the incarceration of these beautiful creatures, especially when we are not even able to see these gorgeously plumed birds."
He will raise the matter this week with Lord Goldsmith, the Attorney General and Paul Boateng, the Treasury Minister responsible for Customs and Excise, to demand " speedy repatriation of the birds"
A Customs spokesman said that the Government wished to return the birds, but did not yet have legal ownership of them. He said that Customs had to apply in the Crown Court for anything it seized. "This can be a protracted procedure, but we hope it will be resolved. It has been held up by other legal complications."
The birds were smuggled into Britain from Eastern Europe by Henry Sissen, a bird breeder from Northallerton, North Yorkshire. They were seized from his farm in May 1998 and in April last year he was sentenced to prison for 21/2 years, reduced on appeal to 18 months.
He has now been released and is appealing against an £ 150,000 confiscation order, deemed to be the profits from his illegal activity and seizure of the birds.
There is a breeding pair of eight or nine-year-olds and a female of about 11 or 12 years. On the black market they could fetch up to £ 80,000 and are being held in an aviary with alarms,
closed- circuit television, movement sensors and security lights. The birds can live up to 50
years.
The head-keeper said, " The pair are very friendly together, but there have been no eggs." The birds are fed once a day on seeds, grains, walnuts, hazel-nuts and pine-nuts and are also treated to helpings of apple, pear, banana, pawpaw, seedless grapes, carrots and cabbage. The keeper said, "They are very, very loud screechers."
Harry Sissen, 63, of Cornhill Farm, East Cowton, near Northallerton, was jailed for 30 months in April last year for smuggling the birds, a charge he denied, and was brought back to court yesterday by Customs and Excise.
Judge Guy Whitburn QC, who jailed Sissen last year, ordered him to hand over £150,000 made from his criminal activities, after taking account of his assets.
The court heard Sissen now faces selling his remaining birds and his share in the family farm, where he has lived since he was 14.
Customs officers initially claimed he had made nearly £404,000 from parrot smuggling but the judge ruled that some was made through legitimate trading.
Sissen was jailed for 30 months, cut to 18 months on appeal, after a jury found him guilty of smuggling three Lear's macaws - of which there are only 150 left in the world - and six blue-headed macaws from east Europe, in the biggest case of its kind to come to a British court.
The trial, in which former Tory Party leader William Hague gave evidence, attracted international interest.
A five-day hearing last month determined that Sissen, who was released from prison in December, had benefited to the tune of £160,000 from his crimes, but he was told to pay £10,000 less after his assets were calculated.
At the earlier hearing, Judge Whitburn said Sissen had become "wholly obsessed" with breeding rare birds, saying he was prepared to go to any lengths to obtain endangered species for breeding.
Customs officers seized 140 birds from his farm in two raids in 1998 as part of Operation Palate, an international crackdown on the importation of endangered species.
They claimed he ran a massive commercial operation to breed from smuggled birds.
Sissen benefited to the tune of £60,000 for the birds he smuggled into the country and for which he was jailed, the judge ruled, and £100,000 for other birds in his possession for which he had no account, although at least some of the birds had been accumulated legitimately.
Sissen, who the court heard had brought birds into the country under a coat and in hidden compartments in his car in the 1970s and 1980s, had not kept records of where his parrots came from.
Yesterday Judge Whitburn ruled Sissen had a £130,400 stake in the farm at East Cowton and would be able to raise a further £2,600, while the prosecution and defence agreed the breeder's remaining collection of birds was worth £17,000, making a total of £150,000.
Sissen was told he would be jailed for 21 months if he did not pay the confiscation order money within nine months.
Simon Farrell, defending, said Sissen would have difficulty selling his rare birds as they did not have the correct papers, required by an international convention on selling endangered species.
Neither would it be easy for Sissen to sell off his 20 per cent stake in the family farm, said Mr Farrell.
However the judge said: "If ever there was a man hoist on his own petard it is your client."
Speaking outside court, Sissen said he would have to sell the home he shares with his wife Patricia, adding: "She is devastated. She knows the work and dedication I have put in to breed these endangered birds. They are trying to put me out on the street. I cannot raise £150,000."
It was decided he had made £60,000 ($ 90,000) from illegally importing nine rare birds and £100,000 ($150,000) for other birds in his possession for which he had no account.
The nine birds were three Lear's macaws and six blue-headed macaws, for which he served eight months in prison until his release last December.
The judge at Newcastle Crown Court rejected the figure of £404,000 arrived at by Customs & Excise because at least some of the birds had been obtained legally.
But Judge Guy Whitburn, who jailed Harry Sissen in April last year, described him as "wholly obsessed" with breeding rare birds.
"He would try to operate within the law but he was prepared to go to any lengths to obtain endangered species from which to breed," he concluded.
The defence had claimed Sissen's lack of records was due to his dyslexia and poor education.
But Judge Whitburn said "I found him to be articulate, capable of organisational feats and revelling in his reputation - often self-proclaimed - as the world's best breeder of endangered parrots.
"To succeed where others with greater resources have failed showed talent and considerable ability."
The court heard he had brought birds into the country under a coat and in hidden compartments in his car in the 1970s and 80s, and had not kept records of where his parrots came from.
The judge said "There was never any proper inventory of birds acquired, birds sold, birds bred and birds dead."
Substantial amounts of cash were found at Sissen's farm but the judge described the defendant's income declared in accounts as "derisory".
After the five-day confiscation hearing at Tees-side Crown Court, both parties had to wait for almost a week for the judgment at Newcastle Crown Court last Thursday.
Another hearing will now have to be held to decide how much Harry Sissen must pay after his assets have been taken into account and to decide what will happen to his birds.
Customs officers seized a total of 139 birds during two raids on Sissen's farm at East Cowton, near Northallerton, North Yorkshire, in 1998.
The latest proceedings concerned 69 of the most valuable birds taken in the raids, including Military Macaws, Hawk-headed Parrots, Hyacinthine Macaws, Red-fronted Macaws, Blue-throated Macaws, Scarlet Macaws and Buffon's Macaws.
As the judge left the courtroom he shouted: "I reject completely the findings of this court. It is a total disgrace!"
Outside he told reporters "They are treating me like a common drugs importer".
"If I can import all these birds into the country then bringing in heroin must be an absolute doddle."
He scattered about £100 ($ 150) in £5 ($ 7.5) notes on the ground to show his disgust at how he felt "money" was the prime motive behind the case, while being filmed by a local TV camera crew.
He then sprayed one of his hands with black paint to signify the "injustice" he felt he had suffered and the other red to represent the blood of his parrots which had been confiscated.
Customs & Excise revealed last year that at least 29 of the 139 birds seized had died in their care including a Blue-throated Macaw, five Hyacinthine, four Red-fronted, three Buffon's and two Scarlet macaws; three Red-vented eockatoos, a Major Mitchell's Cockatoo, a female Goliath Palm Cockatoo, and one of a breeding pair of Triton Cockatoos, plus two Thick-billed Parrots.
Harry aged 62, may now have to sell the family farm where he has lived since he was 14.
Instead he must face the resumption of confiscation proceedings against him, which will decide the fate of 69 rare birds seized in raids on his North Yorkshire farm three years ago.
A date has been set for the adjourned proceedings to be resumed on July 26, at Teeside
Crown Court, for which two weeks have been allocated.
He also faces condemnation proceedings in which Customs and Excise will attempt to seize assets worth £ 404,000 - the amount by which they claim he has benefited from his breeding of rare and endangered species.
The current foot-and mouth has hampered the gathering of DNA evidence for the case, as movement of livestock from zoos is severely restricted - including transportation of birds for sampling at Avian Biotech's laboratories in Cornwall.
This will take several months with the Foot and Mouth disease situation in the U.K making matters more difficult. Veterinarians are occupied countrywide in examining farm livestock and supervising their slaughter and incineration if infected. Most of the confiscated birds are in zoos, which are closed to protect their deer and antelope from casual infection with the virulent Foot and Mouth virus. Veterinarian visits to take blood samples of parrots will therefore not be welcome.
R v Sissen
CA: Kennedy LJ, Longmore and Ouseley JJ: 8 December 2000
It was an offence under s170 of the Customs and Excise Management Act 1979 for a person to be knowingly concerned in the fraudulent evasion of the restriction contained in Council Regulation (EEC) No 3626/82 and Council Regulation (EC) No 338/97 on the importation of endangered species into the European Union, whatever the country of entry into the European Union might be.
The Court of Appeal (Criminal Division) so held in a reserved judgment, dismissing an appeal by Henry Thomas Sissen against his conviction on 14 April 2000 in the Crown Court at Teesside sitting at Newcastle (Judge Whitburn and a jury) of four counts of being knowingly concerned in the fraudulent evasion of a restriction on the importation of goods, contrary to s170(2)(b) of the Customs and Excise Management Act 1979.
OUSELEY J, giving the judgment of the court, said that the Lear's Macaw and the Blue Headed Macaw were listed as endangered species in the Convention on International Trade in Endangered Species 1973 which generally prohibited or restricted trade in such species. The appellant was an internationally renowned breeder of such rare parrots. The prosecution alleged that the appellant had imported three Lear's Macaws and six Blue Headed Macaws from Yugoslavia and Slovakia, without the import permit required by EC Regulations, although it was not contended that the point of entry of any of the birds into the European Union was the United Kingdom; it was probably Austria. The appellant denied the offences and said that he had imported the macaws legitimately.
The appellant contended that, although the 1982 Regulation applied the Convention throughout the European Community from 1984 and the 1997 Regulation continued to apply it with varied controls from 1997, failing to present an import permit within the European Union was not an offence in England if the point of entry into the European Union were not the United Kingdom, because the restriction contained within art. 5 of the 1982 Regulations and art 4 of the1997 Regulations respectively only applied so as to prevent importation of specimens such as these parrots into the European Union without the requisite permits at the point of entry: it did not impose any restriction on the movement of such specimens to or within other Member States.
The Crown submitted that the offence under s170(2) was a continuing offence and the evasion extended to a continuing series of events both before and after the moment of importation itself in breach of the restriction; the evasion continued until the goods ceased to be prohibited or possibly until they were exported.
The appellant submitted that there was no authority for the proposition that one could be prosecuted in England for being knowingly involved in fraudulently evading the restriction on importation of goods into another country.
In their Lordships' judgment the offence created by s. 170(2) of the 1979 Act was one of being knowingly concerned in the fraudulent evasion of a restriction contained in an enactment. There was no doubt but that the two Council Regulations were 'enactments' for the purposes of the 1979 Act. That Act could not be interpreted as applying to an enactment only to the extent that the enactment prohibited or restricted the entry of goods into the United Kingdom. The territorial scope of the Act turned on the scope of the restriction in the enactment in question, ie in these Regulations. These were part of United Kingdom law and took effect under the 1979 Act according to their terms rather than being cut down in their terms by the Act.
Appeal dismissed.
Appearances: Simon Farrell and Anya Lewis (Registrar of Criminal Appeals) for the appellant; Simon Draycott and Vivian Walters (Solicitor, Customs & Excise) for the Crown.
Reported by: Clare Barsby, barrister
He was jailed for 21/2 years in April after being found guilty at Newcastle Crown Court of illegally importing three Lear's macaws and six blue-headed macaws into the UK.
His appeal against the conviction was denied after a hearing last November, but the sentence was reduced by a year.
And the Court of Appeal justices granted him leave to appeal to the House of Lords on a point of law. The Lords will decide whether crossing a European Community border with a bird can be considered an offence in Britain.
February 5 had been set for confiscation proceedings at Newcastle Crown Court, at which the fate of 69 of the parrots seized by Customs & Excise in two raids on the Sissen family farm in 1998 will be decided.
This may be followed by condemnation proceedings, at which Customs will lodge a claim for £404,000, which it claims is the amount to which Harry Sissen stands to benefit by his breeding work.
But both hearings depend upon the Lords' judgment, and may not take place if the House rules in his favour.
At Wetherby Prison, where he spent seven months of his sentence, he was put in charge of the prison aviaries and bred from cockatiels, budgies and canaries.
The three Justices at London's Court of Appeal handed the case down their verdict in a 29-page document published exactly the Justices three weeks after hearing deputations from barristers for both sides on points of law.
However, the court did decide to reduce his sentence from two-and-a-half years to one-and-a-half, making him eligible for parole at Christmas.
And in another twist to the case the Justices headed by Lord Justice Kennedy, allowed Harry Sissen's lawyers leave to appeal to the House of Lords as the case against him rests on a point of law of general public importance. (Website editor note: my understanding is that he was refused leave to appeal to the House of Lords. However, it may still be possible to appeal to the Lords using a much more complicated and longer procedure)
After hearing the court's verdict Harry Sissen shouted from the dock: "Money is all that counts in this country." His family made the 500-mile round trip by train, but missed the l0am hearing by minutes.
The Justices backed the trial judge's description of the offences as "a devious and elaborate scheme to smuggle birds into the country".
But they opted to "tailor the sentence more to the circumstances of the offender in view of his age, the fact that this is his first prison sentence, (and) his financial position" saying "18 months imprisonment is sufficient".
The breeder of endangered parrots, who was jailed for two and a half years last April for illegally importing birds, was told by Lord Justice Kennedy that an announcement concerning the verdict would be made in due course.
During the two-and-a-half-hour hearing the three appeal court judges heard Sissen's barrister, Simon Farrell, argue that if an offence of illegally importing birds took place anywhere it was in Austria, as it was there that the parrots were brought into the European Community.
He also argued that Customs &,Excise officials misled Sissen numerous times during taped interviews by telling him incorrectly that the burden of proof of innocence lay with him.
However, Simon Draycott, for Customs, claimed that by returning to the UK Sissen brought the offence back with him, even though the birds remained in Austria, and that Harry was only too willing to talk even before Customs misled him.
Simon Farrell also appealed against the severity of the sentence
(Website comment to appeal proceedings: I am not surprised the Appeal Court judges will ponder for a while over the grounds for the appeal. Even to a layman such as myself it is clear that this case, which could now become a landmark case, could have serious implications for adjudicating on criminal activities within the European Union. You only have to substitute trafficking in drugs or illegal immigrants for illegal importation of rare parrots)
At the Court of Appeal hearing on November 17 he will argue that his conviction for illegally importing nine rare macaws was unsafe, as transportation of birds between countries within the European Community should not constitute an offence.
And he will claim that the two and-a-half-year sentence he is currently serving was excessive for a charge of illegal importation.
He may also maintain that he was not dealt with fairly when interviewed by Customs & Excise on his arrest.
The hearing, which is expected to last no more than a day, comes six months after the 13-day crown court trial in Newcastle which ended in his conviction.
Media interest
The case attracted widespread media interest and numbered Conservative Party leader William Hague among the witnesses.
The charges against the North Yorkshire farmer centred around the illegal importation of three Lear's macaws and six blue-headed macaws into Britain.
A total of 139 parrots were seized in two raids on his home by Customs officials in April and May 1998, among them some of the most endangered species in the world. A year ago it was revealed that 16 had since died.
Confiscation proceedings concerning the birds have been brought by Customs and look likely to go ahead in February next year.
Confiscation
If the appeal is successful then confiscation may be dropped and the birds returned, though currently only 69 birds are listed as subject to the proceedings. These include five military macaws, two hawk-head parrots, eight hyacinthine macaws, 14 red-fronted macaws,13 caninde macaws, nine scarlet macaws and 18 Buffon's macaws - the most expensive of the missing birds.
Not on the list but also seized in the raids are red-vented cockatoos, triton cockatoos, Galah cockatoos, greater sulphur-crested cockatoos red-tailed and yellow-tailed black cockatoos, kea parrots, Illigers, Leadbetter's cockatoos and Goliath palm cockatoos.
Customs have lodged a claim for £404,000 ($ 600,000) - the amount they claim he will have benefited from his years of bird breeding.
The highly accomplished breeder of rare and endangered parrots had expected at worst a heavy fine if the jury at Newcastle Crown Court had found him guilty of illegally importing three Lear's macaws and six blue-headed macaws into the UK.
But the judge handed out one of the heaviest sentences ever passed for taking part in the illegal trafficking of protected birds.
Instead of returning home to his farm near Northallerton, North Yorkshire, full-time bird breeder Harry was escorted from the court by two police officers and taken to high security Durham Prison.
He is expected to be transferred to an open prison, such as Wetherby in West Yorkshire, within a fortnight, in keeping with the nature of his offences .
As Harry was led out of the court he shouted "If there is a God, I can stand in front of him with a clear conscience. I did the right thing."
His daughter, Yvonne Scales, broke down in the public gallery and had to be escorted from the court as she watched her father being led away.
His wife, Pat, who wasn't in court for the verdict, said she was "devastated" when she heard that Harry wouldn't be coming home and "horrified" at the severity of the sentence.
"I never thought he might go to prison. It never entered my head. Our barrister was in tears. He's been practising for 17 years and he says he's never met anybody quite like Harry."
Pat visited her husband as soon as she was allowed and says he is "bearing up well in the circumstances".
"He's more worried about us and the birds. He's not bothered about himself.
"The farm and the birds have always been his main concerns, whether they are getting proper care and attention."
"At the moment I'm trying to do everything as normal, but I don't know about the breeding of birds," said Pat.
"It's a case of carrying on as normal and looking after the birds as best we can. This case has taken away a lifetime's work.
"Everyone in the village is horrified, and we have had dozens of letters and so many phone calls. I would like to thank everyone for their support and kindness at this difficult time.
"Harry said as they took him out of court that his conscience is clear, and it definitely is, and so is ours. We have nothing to be ashamed of."
The case took 15 months to come to court, and there followed eight months of adjournments and committal hearings before the case began at Newcastle on March 20 with a week of preliminary hearings.
This was the first time a Leader of the Opposition had given evidence in a criminal case against a constituent.
According to William Hague's secretary, Claire Gibson, who also gave evidence at the trial, the MP was not prepared to comment on how he felt about contributing to the jailing of someone who came to him for help.
The raid on the Sissens' farrn followed the announcement of an international crackdown by Customs & Excise officers on the illegal importation of endangered species.
The Sissens heard about the planned crackdown on the news and welcomed the strong line promised on illegal bird traffickers, little realising that their aviaries would be the first to be raided in an operation codenamed Palate.
International wildlife crime is now an issue held in such high esteem by politicians that it ranks more highly than burglary and car crime.
The Government's tough stance on crimes against rare species is reflected in legislation currently going through Parliament.
According to a spokesperson for the Department of the Environment, Transport and the Regions, Government policy has taken into account the seriousness of such crimes and want this sort of offence avoided in the future.
"With this in mind, it has introduced measures to crack down, such as the three-year strategy concerning PAW (the Partnership for Action Against Wildlife Crime) and a Bill currently going through
Parliament seeking to increase sentences and fines to reduce the number of crimes relating to the illegal trafficking of endangered species," said the spokesperson.
"It is hoped that this tough line will send signals to criminals that this sort of activity will not be tolerated.'
Jeff Hide, of Knights Solicitors, who represent the National Council for Aviculture and the British Bird Council, said the sentence passed on Harry Sissen reflected the Government's' stance on wildlife crime.
He said that although Harry Sissen has a right of appeal, he cannot appeal against the jury s verdict, only against the size of the sentence or if it was felt that the judge's summing up misled the jury on a point of law.
Appeals are heard in the High Court in London, and consent has to be given for an appeal to go before the House of Lords on a point of law or point of public importance.
However, Jeff Hide also said that prisoners on full parole are currently serving as little as one third of their sentence, which would mean the sentence could be reduced to ten months.
The investigation into the Sissen case cost an estimated £1 million and provoked strong words of condemnation from the ranks for bird keepers and people who knew Harry for his work with endangered species.
As a result of these views published in Cage & Aviary Birds, a spokesman for Customs & Excise said: "We have no wish to co-operate with a publication that caused a great deal of grief and upset to officers involved in the investigation at the time of the raids on Mr Sissen. We are unable to provide any information, either now or in the future."
It is believed that the birds relating to the charges brought by Customs & Excise, namely three Lear's macaws and six blue-headed macaws, are to be taken to the country where the species is native and released into the wild or used as part of a controlled breeding programme.
Ironically, one of Harry s most heartfelt wishes was that his outstanding breeding success with endangered parrots over 35 years would lead to numbers of young birds bred by him being released into the wild to ensure the survival of the species.
Speaking before the case, he said this was the ultimate aim of much of his breeding work, and the one thing that would give him most pleasure.
End of report
Sissen, 61, was labelled a liar and a hypocrite by Judge Guy Whitburn as he passed sentence at Newcastle Crown Court. Sissen was convicted after damning evidence from Tory leader William Hague, who told the court how Sissen had admitted to him that he had brought the birds into the country.
Sissen was charged with illegally importing three extremely rare Lear's macaws and six blue-headed macaws into the UK.
It took a jury of seven men and five women seven and a half hours to find him guilty on a majority verdict. Sissen slumped into his seat stunned at the jury's decision. As he was led away to start his sentence, he shouted: "If there is a God I can stand in front of him with a clear conscience. I did the right thing."
Sissen's daughter, Yvonne Scales, broke down in the public gallery and had to be escorted from the court as she watched her father being led away.
Sissen was targeted by Customs & Excise officers as part of an international crack down on the illegal importation of endangered species. He was arrested after a swoop on his Cornhill Farm in East Cowton, North Yorkshire in April 1998. Customs officers seized more than 140 birds in the raid, including the three extremely rare Lear's and six blue-headed macaws.
He was rumbled as part of the operation, code-named Palate, and had his birds confiscated.
The court heard that during the estimated £1 million investigation, officers discovered how Sissen had bought exotic birds on a number of trips to Yugoslavia and Slovakia and had smuggled them into the country. The court heard how they were worth more to a smuggler than heroin.
Prosecutor Simon Draycott had told the court: "This case involves the smuggling of rare parrots into this country by the defendant. These birds, particularly the Lear's macaws, are extremely rare animals. They are endangered species. Like any rare item, these birds have a high value to the private collector and a market has grown for these species.
"It is an illegal market and one which involves smuggling the birds into this country and other countries. It is a lucrative market. If it were not, these animals would not be smuggled. It is no understatement to say that pound for pound a rare parrot is worth more to the smuggler than heroin."
Sissen claimed that he had acquired the birds legally years earlier, but during a meeting with Hague and his private secretary on October 30, 1998, he confessed to smuggling rare birds into the country.
Mr Hague took the stand on the sixth day of the four-week trial, peering over the heads of two stuffed Lear's macaws, and told the jury how Sissen had confessed all on a visit to his surgery in Richmond North Yorkshire.
The jury also heard from several bird experts who described how there are only 180 Lear's macaws left in the wild and of those only 20 per cent were actually breeding.
The court how they are now a critically endangered species and are the worth more than £50,000 on the black market for a breeding pair.
The jury agreed with prosecutor Mr Draycott that Sissen had smuggled the birds into the UK illegally.
Deep in debt
A former farmer, Sissen became a full-time bird breeder in 1998 and now faces financial ruin after Simon Farrell, defending, told the court how he was deep in debt but was ordered to pay £5,000 towards the £77,500 costs.
The court also heard how Sissen had two other previous convictions for smuggling rare birds into the country.
In1977 he was fined £200 at Durham Magistrates Court for smuggling 20 birds, and in 1981 he admitted smuggling a parrot into the UK in his car.
In mitigation Mr Farrell said: "This has always been an unusual case. Although Mr Sissen has been convicted, I hope the court accepts he was not doing this for the money.
"In breeding those birds he thought he was protecting an endangered species. It is not a situation where he was engaged in criminal activity for profit. It is a very sad situation. He has been a successful breeder for the past 30 years."
1st Separate report
"You compiled a devious and elaborate scheme to smuggle into this country those rare birds. You have previous convictions for smuggling birds, and nothing less than a substantial custodial sentence can be justified to send out a clear message to those who are tempted to emulate you."
Sissen was found guilty of illegally importing three Lear's Macaws and six blue-headed macaws into the U.K under the Customs & Excise Management Act 1979.
He was also charged with illegally selling a palm cockatoo and hyacinthine macaws, but was cleared of those charges on the orders of the judge.
2nd separate report
Brazilian authorities intend to claim back the Lear's macaws so they can be re-introduced into their natural habitat.
Speaking after the hearing, Rob Hastings-Trew of Customs & Excise said: "We are very pleased. The Government is committed to abolishing the trade of endangered species and we are glad to see that the courts are also committed to abolishing that trade.
"The Brazilian government have applied for repatriation of the Lear's macaws and they hope the birds will become part of a controlled breeding programme.
Duncan McNiven, investigating officer from the Royal Society for the Protection of Birds, said:
"This is an important verdict in the most serious case of endangered species smuggling ever to
be brought before the British court.
"The Lear's macaw is rarer than the giant panda, tiger or rhinoceros. Mr Sissen acted with total disregard for the critical situation which this species faces in the wild, and his selfish actions have helped to edge this beautiful parrot closer to extinction.
"However, a message is being sent out from this court that the illegal and destructive trade in endangered species will not be tolerated by the authorities in this country."
End of report.
One of the world's leading parrot breeders was jailed yesterday after being convicted of smuggling endangered birds. Harry Sissen bought rare South American parrots on covert trips to Eastern Europe to keep on his North Yorkshire farm.
Sissen, 61, is believed to have illegally traded in more than 140 birds including three rare Lear's macaws - each worth up to £25,000. He was convicted following a raid on his farm in Northallerton and also after Tory leader William Hague told a court how the breeder - one of his constituents - had confessed to smuggling birds during a visit to his surgery.
Yesterdav he was sentenced to two-and-half years at Newcastle Crown Court by Judge Guy Whitburn, who told him he was a `devious' man who had wanted the glory of successfully breeding the macaws in captivity.
As Sissen was ordered to pay £5,000 costs at the end of the four week trial, it also emerged that he has massive debts and two previous convictions for smuggling birds into Britain.
The three macaws could now be returned to their native Brazil. Sissen had originally claimed he acquired the macaws legally.
End of report
In April 1998 the premises of Mr Sissen, a well known bird breeder were raided by Customs with support from local police. A large number of CITES Appendix 1 birds (the most critically endangered category and the category where international trade is banned) were seized. Included within this seizure were 3 Lear's Macaws - evidence heard during the triial indicated that only 150 remain in the wild in Brazil. Also included in this seizure are 6 Blue-headed Macaws - these birds are the first seen imported into the EC. The value placed on these birds is difficult as the only trade seen is on the Black Market. However, a pair of Lear's Macaws alone are worth in excess of £50,000.
The 3 Lear's Macaws involved in this case, code named Operation Palate, were located in the former Yugoslavia with a dealer who we believe illegally obtained them from the wild in Brazil. These birds were offered to Mr. Sissen as long ago as 1996, and were eventually illegally imported into the UK in 1997 and 1998. Mr Sissen travelled by car from the UK to Yugoslavia in February 1997 where he obtained 2 of the 3 Lear's Macaws. He then proceeded to enter Slovakia and purchased the 6 Blue Headed Macaws from another dealer. These birds were then smuggled across the Austrian border into the EC. From there they were then taken via Germany and Belgium to Calais, where they were then smuggled into the UK through Dover. In the following March the third Lear's Macaw was smuggled into the UK by a similar route and method.
At no time did Mr Sissen apply for or receive CITES certificates for these birds and in cross examination Mr Sissen admitted all other importation paperwork obtained was bogus and in effect an "insurance policy" should he be intercepted by Customs.
Additionally uplifted as a result of the raid on Mr Sissen's premises were 2 stuffed Lear's Macaws. During the trial evidence was heard from five witnesses that Mr Sissen had admitted illegally importing these birds from Yugoslavia and Slovakia One of these witnesses was The Right Honourable William Hague, The Leader of the Opposition, who was approached by Mr Sissen to complain about the raid.
HM Customs and Excise take their responsibility very seriously in seeking to enforce the EU wide import/export controls on Endangered Species. We fully recognise that the UK as a signatory of CITES has an obligation to seek to prevent the illegal exploitation of rare species world-wide.
Whatever the motive involved, it is the actions of individuals like Mr Sissen, who create a demand (and high prices) for endangered species, which directly leads to their removal from their native habitats.
In 1997 the EU sought to tighten the import and export controls on endangered species. This was, in part, to reflect growing concern that numbers of endangered species were still entering the Community illegally. The new EU regulation made it a requirement that Member States must be able to impose effective penalties on those who sought to deal in or move controlled species illegally. We believe the penalties available under CEMA of up to seven years imprisonment provide an effective deterrent to wildlife smugglers.
The Department wishes to express its gratitude for the assistance given during this case by the Zoo Federation, Parrot Society, Corporation of London, Animal Reception Centre, Mr. Andrew Greenwood, vet, RSPB and other wildlife organisations.
With regard to the future of the seized birds in this case, I can confirm that the Brazilian Government has formally requested the repatriation of the 3 Lear's Macaws. The primary objective after confiscation of the Lear's Macaws and other birds seized must be to ensure that they can form part of a breeding programme aimed at preserving these very rare species in the wild.
Our Investigation Officers (with expert assistance) identified a number of other endangered parrot species at Mr. Sissen's premises. These birds were removed and Mr. Sissen was subsequently asked to prove their legal origin. Mr. Sissen has exercised his right in law to contest our actions, and a form of civil (Condemnation) proceedings will be held to review the legality of our actions in seizing these birds. At all times Customs have sought to provide the seized birds with the best available accommodation and expert veterinary care.
At Newcastle Crown Court on Friday, l4th April:
1. Sissen was convicted on four counts of illegally importing 3 Lear's Macaws and 6 Blue-headed Macaws by a majority verdict of 10 to 2 jurors. 6 Blue Headed
2. Sissen was sentenced to two and a half years on each count to run concurrently. He was also ordered to pay £ 5,000 towards the costs
3. Condemnation proceedings and Asset Confiscation proceedings were adjourned until a later date
4. Sissen was described by the Trial Judge, His Honour Judge Guy Whitburn as being "A devious and scheming man who as a result of the verdicts is both a liar and a hypocrite"
5. This was the highest ever sentence given in a British court for CITES offences.
6. Parrots are big business - cost per pair
Hyacinth Macaws £ 15,000 to 20,000
Spix's Macaws £ 50,000
Lear's Macaws £ 50,000
The latter two species could cost much more because of their rarity value.
Harry Sissen, who was charged with four offences, was sentenced to two-and-a-half years imprisonment and was asked to pay £5,000 costs by Judge Guy Whitburn, who, in his summing up, referred to Sissen as a liar and hypocrite. The first three charges related to the illegal import of Lear's macaws, and the fourth charge to the illegal import of six blue-headed macaws all contrary to the UK Convention on the International Trade in Endangered Species (CITES) regulations.
Duncan McNiven, the RSPB species protection officer who attended the hearing, said: "This is an important verdict in the most serious case of endangered bird smuggling ever brought before a British court. "Mr Sissen acted with total disregard to the critical situation which faces Lear's macaw in the wild. His selfish actions have helped to edge this beautiful parrot, which is even rarer than the giant panda, closer to extinction. A clear message has been sent from this court that the illegal and destructive trade in endangered species will not be tolerated."
Duncan McNiven added: "HM Customs and Excise deserve huge credit for tackling such a complex investigation. The outcome is a triumph for the partnership between the statutory authorities and conservation organisations like the RSPB who are determined to tackle international wildlife crime which is believed to be second only to drugs in terms of its monetary value."
During the trial the jury heard evidence that Mr Sissen had smuggled the birds across Europe concealed in a car after buying them from wildlife dealers in Yugoslavia and Slovakia. Further allegations included the fact that Sissen was said to lead a paper trail of bogus documentation to provide a smokescreen for the illegal importation of the birds.
The Lear's macaw is a globally-threatened species and is listed on CITES Appendix 1. The bird was first described in 1858 by Charles Lucien Bonaparte (Napoleon's nephew) from an illustration of a captive bird by the bird artist Edward Lear. However, the species' wild existence remained a mystery until 1978 when it was discovered in a remote area of north-east Brazil. The current wild world population is thought to number only 160-180 individuals, with a further 18 birds in captivity.
UK Customs began investigating Sissen in April 1998 after receiving information from a concerned conservationist and from police that he was dealing in parrots covered by the Convention on International Trade in Endangered Species (CITES). The investigation took almost two years and involved co-operation with the authorities in at least six other countries across Europe and in South America. Over 140 CITES Appendix 1 and Appendix II birds worth hundreds of thousands of pounds have been seized as a result and other investigations may follow.
In the end Sissen was charged with smuggling offences concerning three Lear's Macaws and a fourth smuggling offence for blue-headed macaws. Further charges of illegal sales of other protected species of parrot were dismissed during the trial. The Lear's macaws are among the rarest parrots in the world with probably less than 100 pairs left in the wild in their natural habitat in Brazil. A single Lear's is estimated to fetch £ 40,000 or more in the illicit market. In sentencing Sissen the trial judge dismissed his claims that his illegal activities were justified on the grounds of conservation and called him "a hypocrite" and "a liar".
Robin Cooper, head of H.M Customs Environmental Criminal Enforcement Policy, said
" This is an excellent result for us. It demonstrates the value of international inter-agency co-operation and sends out a strong warning to other environmental criminals that they will be tracked down and prosecuted."
Sissen, 61, told Newcastle upon Tyne Crown Court that the MP for Richmond, North Yorkshire, must have been mistaken about what he said when he visited him at his constituency surgery.
Sissen had gone to see Mr Hague to complain about Customs & Excise officers who had raided his farm and seized many of his precious hirds, during April 1998.
Customs swooped on the Sissen farm at East Cowton, North Yorkshire, and found three very rare Lear's macaws and six blue-headed macaws which, they say, were smuggled into the UK illegally.
Sissen went to see Mr Hague fo1lowing a second raid in Oetober 1998. During the visit Sissen admitted smuggling three Lear's after trips to Yugoslavia, Mr Hague had earlier told the court.
Two stuffed Lear's macaws have been on display in the courtroom since the start of the trial more than two weeks ago.
Mr Hague told the court: "He was emphatic he had not in general smuggled birds and eggs into the country but he did say on one occasion he had smuggled three birds from Yugoslavia. He said it had been some years before but he didn't give precise dates.
"It was at the same time when violence and warfare was breaking out in Yugoslavia because he referred to this violence as being one reason why he had done this exceptional act. I made a note of what he had said."
But Sissen told the court that he had been to Yugoslavia to see some birds, had rescued them from the war-torn region and taken them to Slovakia.
He said he intended for them to be there until Slovakia became part of the European Community, when he would be able to get proper papers to bring them into Britain.
He explained: "I was very upset when I went to see Mr Hague. I had been sleeping very badly since the raid. I still do.
"Sometimes I don't explain myself very well. I don't remember saying I smuggled birds from Yugoslavia. I would say that I had taken them out of Yugoslavia. I never said anything about smuggling them into the U.K. He must have misunderstood.
Sissen kept the birds at his farm where he lives with his wife and daughter. After European zoos tried unsuccessfully to breed the birds they turn to Sissen, granted him a licence and he was given a pair.
End of report
In a separate report on the same page there appeared the following:
Cleared of two charges
Harry Sissen.denies six charges of illegally importing three Lear's macaws and six blue-headed macaws into the UK. He claims the Lear's macaws were bought legally on trips, or were donated to him. .
He was also charged with illegally selling a palm cockatoo and a hyacinthine rnacaw. But Judge Guy Whitburn ordered the jury to find him not guilty of the charges after submissions by defence barrister Simon Farrell.
The case continues.
End of report.
The jury in the trial of well known parrot collector Harry Sissen is expected to reach its verdict later this week at the end of a four week trial at Newcastle Crown Court. Three Lear's macaws were seized, along with over 140 other parrots, during a raid by HM Customs officers at the North Yorkshire farm of well known parrot collector Harry Sissen in April 1998. Mr Sissen has been charged with smuggling the Lear's macaws into the UK, and also with smuggling six blue-headed macaws into the country. Two further charges of selling a palm cockatoo and a hyacinth macaw have been dismissed. The RSPB believes these to be the most serious allegations of smuggling of endangered wildlife ever to have been brought before a British court because of the rarity of the species involved.
One of the world's most endangered birds
Lear's macaw is a beautiful, large, long-tailed blue parrot which is officially classified by the world conservation authorities as 'critically endangered'. This is because the current wild population, restricted to a small area of north-east Brazil, is thought to number only about 160-180 individual birds. In addition, because they are threatened by trade they are also listed on Appendix I of the Convention on International Trade in Endangered Species (CITES) which effectively makes all trade in wild specimens of this species illegal. The Lear's macaw is closely related to two other highly threatened 'blue macaws' of similar appearance - the Spix's macaw, the world's rarest bird with only one wild male left in existence; and the hyacinth macaw with about 3,000 individual birds left in the wild. Both of these species are also threatened with extinction by illegal bird smuggling.
Lear's macaw - a great ornithological mystery
The story of Lear's macaw has long been one of ornithology's great mysteries It was first described as a new species to science in 1858 by Charles Lucien Bonaparte, Napoleon's nephew. The description originated partly from an illustration of a captive bird painted by Edward Lear the famous British author of nonsense verse who was also an accomplished illustrator. However the species' wild existence remained a mystery for over a century during which time individual birds would occasionally turn up in shipments of blue parrots from Brazil. This led some experts to question whether it was a valid species and it was even suggested that those which had turned up were hybrids between the closely related glaucous macaw (now extinct) and the hyacinth macaw.
Finally after a number of unsuccessful expeditions the Brazilian ornithologist Helmut Sick at last located the only known wild populations of the Lear's macaw on the Raso da Catarina plateau in a remote area of NE Brazil in Bahia Province in 1978. The macaws inhabit dry thorn scrub and feed principally on the fruit of the licuri Palm. They roost in cavities in the sandstone cliffs of the river canyons which dissect the plateau and fly out each day to feed in the palm groves.
Threats to Lear's macaw
Lear's macaw is thought to be a naturally rare species with a geographical range of only about 15,000 sq. km and seems to be dependant on its principal food plant the licuri palm with only about 30 groves providing food for the birds. The wild population is thought to number only about 160-180 birds with very low breeding productivity, only about 20% of the population attempting to breed each year. The species is threatened with extinction by trapping for the bird trade, hunting, loss of the licuri palm groves due to livestock grazing, disturbance, and possible inbreeding depression.
The Brazilian government has initiated an action plan to aid the species' recovery, which includes protecting the birds from trappers and preventing further habitat destruction. In spite of the fact that all capture and trade in Lear's macaws is banned by Brazil, there are nevertheless some birds in captivity. The whereabouts of eighteen individuals are known - eleven in Sao Paulo Zoo, two in Singapore, two in Florida and the three birds which were at Harry Sissen's premises. Apart from the two in Florida, all the others are held as the result of seizures by the authorities. There are believed to be a number of other Lear's macaws held captive by private collectors in secrecy in the Middle-East, Europe and North America. A breeding pair of Lear's macaws are thought to be worth up to £50,000 on the black market.
Parrots are probably not William Hague's favourite birds. When the Tory Party was at its lowest ebb in October 1998, The Sun grafted his head on to a front-page picture of an upside-down parrot, likening him to John Cleese's dead bird in the Monty Python sketch.
Mr. Hague came face to face with two more parrots yesterday - to be specific, two stuffed and mounted macaws, sitting in front of him at Newcastle Crown Court - when he appeared to give evidence against a constituent accused of smuggling endangered rare parrots into Britain. The trial judge told counsel that he wanted no jokes and the Tory leader steered well clear of any quips.
He was called to court by Customs and Excise as part of the case against Harry Sissen, a breeder accused of illegally importing macaws, which are endangered. Customs officials had seized more than 140 birds in a raid in April l998 on Mr Sissen's conservation centre in East Cowton, near Northallerton, in Mr. Hague's Richmond constituency in North Yorkshire.
Early in his evidence, the Tory leader drew a gentle rebuke from Judge Guy Whitburn for speaking too quickly. "I am not Hansard," he said.
Mr Hague told Simon Draycott, for the prosecution, that he had met Mr Sissen at constituency functions and visited his aviaries as part of his constituency duties.
"He was emphatic that he was not, in general, a smuggler of birds or eggs," He said " but on occasion he had smuggled three birds out of Yugoslavia. It was some years before, when the violence and war was breaking out."
Mr Sissen has pleaded not guilty to six charges of illegally importing three Lear's macaws and six blue-headed macaws under the Customs and Excise Management Act 1979.
He also denies two charges of selling a palm cockatoo and a hyacinthine macaw against the Control of Trade in Endangered Species (Enforcement) Regulations 1985.
Cross-examined by Stephen Farrell for Mr Sissen, Mr Hague agreed that he knew nothing of Glaucous, Lear's or Blue-headed macaws. Counsel then earned a swift rebuke from the judge when he said: "Or anything about the Norwegian Blue?" - the fictitious bird from the Python sketch.
"I thought we agreed no wise-cracks," the judge said.
The case continues.
End of report
It involves the trade in rare parrots.
The asking price for a pair of Lear's macaws can be an astonishing £50,000. But with only 180 of them left in the wild, collectors are happy to pay it.
The insight behind the scenes of the bird trade was provided at Newcastle upon Tyne Crown Court where internationally renowned breeder Harry Sissen denies smuggling and selling endangered parrots. At the start of a trial expected to last three weeks, during which Tory leader William Hague is expected to be called as a prosecution witness, the jury heard how 61-year-old Sissen was arrested in April 1998 after a swoop on his home, Cornhill Farm in East Cowton, North Yorkshire.
Customs officers seized more than 120 birds including three Lear's macaws and six blue-headed macaws.
The court was told that Sissen had bought the South American birds on trips to eastern Europe and smuggled them illegally into the UK.
He kept them at his farm which he called the Cornhill Conservation Centre, where he lives with
wife Patricia and daughter Yvonne Scales.
But he was targeted after an international customs crackdown, codenamed Operation Palate.
During the investigation customs officers also found evidence that Sissen had illegally sold two rare birds, a palm cockatoo and a hyacinth macaw.
Simon Draycott, prosecuting, said 'This case involves the smuggling of rare parrots into this country by the defendant.
These birds, particularly the Lear's macaws, are extremely rare animals. They are endangered species. Like any rare item these birds have a high value to the private collector, and a market has grown up for these species.
'It is an illegal market and one which involves smuggling the birds into this and other countries. It is a lucrative market. If it were not these animals would not be smuggled.
'It is no understatement to say that pound for pound a rare parrot is worth more to the smuggler than heroin.'
Mr Draycott went on 'The case against Sissen is that his interest in rare species of parrots and in, particular his obsession with owning Lear's macaws led him into smuggling rare species into this country and dealing in rare birds without the appropriate authority.'
The court heard Sissen had bought the birds on trips to Yugoslavia and the former Czech Republic.
Mr Draycott told the court that Lear's macaws named after the Royal Geographical Society illustrator and nonsense poet Edward Lear are extremely rare animals. They are endangered, were extremely rare and at the last count there were only 180 left in the wild. Only 20 per cent were actively breeding.
Mr Draycott added: 'Lear's macaws are only to be found in a small area of north-east Brazil.
'Until 1978 their natural habitat was undiscovered but they began to appear on the illegal market in the 1990s when poachers entered the gorges and palm tree groves where the macaws feed and took them to sell on the black market.
'They are now a critically endangered species and are worth in excess of £50,000 on the black market for a breeding pair.' Sissen denies that he brought the birds into the UK illegally and that he sold another two illegally.
A former farmer, he became a full-time bird breeder more than 30 years ago and has an international reputation after successfully breeding the threatened Conure macaw in 1975 (Website ed: This could be referring to the Blue-throated Conure - Pyrrhura cruentata, which Harry bred very successfully in the mid-70s).
The reason that Mr Hague is to be called as a prosecution witness is that Mr Sissen visited the MP for Richmond shortly after his farm was raided - and is said to have confessed to smuggling rare birds into the country.
Mr Draycott told the jury: 'Mr Sissen spoke to Mr Hague to complain about the conduct of customs and excise officials. `He admitted he had smuggled three birds from Yugoslavia without the appropriate papers.'
The case continues.
End of report.
A trial date has been set for famous parrot breeder Harry Sissen to appear before a Crown Court jury to face charges brought by HM Customs and Excise. Monday, March 20 is the date set for the start of the long-awaited, high-profile trial, which is already believed to have cost £1 million to bring to court.
With serious implications for all parrot keepers and widespread interest from all sides of the media, the three or four-week trial looks set to attract a large amount of publicity.
£37,000 decision
Harry's cause was given a boost at his latest court appearance when the decision to deny him legal aid unless he paid the first £37,000 of costs was reversed.
Having represented himself at numerous preliminary hearings, he now has the services of a large firm of solicitors in London.
Harry, who has bred rare birds on his farm at Northallerton for 35 years, is charged with three counts of illegal importation of Lear's macaws, one charge of illegal importation of six blue-headed macaws and two charges of illegally selling birds.
He has always denied the charges, which arise from a series of raids on his aviaries in April and May 1998 by Customs officials, when 139 birds were confiscated for DNA tests.
He was told recently that 16 of his rare birds have died since the raids. The remaining 123 confiscated birds are scattered around zoos and bird parks around Britain and Ireland.
The trial date was set at a second preliminary hearing at Teesside Crown Court in December.
A final decision as to whether the trial will take place at Teesside Crown Court, in Middlesborough, or at Newcastle Crown Court has yet to be made.
End of report.
Noted parrot breeder Harry Sissen, who last week, discovered 16 of his rare birds have died in custody, faces a second preliminary hearing at Teesside Crown Court next month.
The rare-bird expert will return to court on December 20 to see evidence presented to a different judge, who will hear the full case when it comes to court, probably next March. This is expected to be at Newcastle Crown Court. Three to four weeks have been allocated for the trial.
Harry, who has bred rare birds on his farm at Northallerton for 35 years, is charged with three counts of illegal importation of Lear's macaws, one charge of illegal importation of six blue-headed macaws and two charges of illegally selling birds. He has always denied the charges.
Regarded as one of the most skilful bird breeders in Europe with endangered species, Harry was raided in April 1998 when more than 120 birds were confiscated for DNA tests. A further 19 birds were taken the following month.
He has just been given a list of 16 of his rare birds that have died since the raid. They are: a red-vented cockatoo; a blue-throated macaw; a citron-crested cockatoo; a scarlet macaw; a Buffon's macaw; a thick-billed parrot; two red-fronted macaws; a blue-throated macaw; a hyacinthine macaw; a blue-headed macaw; a yellow-tailed black cockatoo; a Major Mitchell's cockatoo; a greater sulphur crested cockatoo; a female Goliath palm cockatoo and one of a breeding pair of triton cockatoos.
The remaining 123 confiscated birds are scattered around zoos and bird parks in Britain.
End of report.
Having bred rare birds on his farm in Northallerton, North Yorkshire for 35 years, Harry was raided last year and more than 120 birds were confiscated for DNA tests.
He is charged on three counts of illegal importation of Lear's Macaws, one charge of illegal importation of six blue-headed macaws and two charges of illegally selling birds.
End of report.
During his discussions with Mr Hague, he admitted that the major problem he faces is his possession of Lear's Macaws without CITES paperwork. Harry Sissen is actually the only UK citizen who has ever held Lear's Macaws under CITES paperwork, but his birds were stolen. When the police arrested and charged a man who was trying to blackmail Harry for the return of the birds, he had high hopes of recovering them. But although the man concerned was jailed for blackmail, it appears that the authorities made no attempt to recover the Lear's Macaws.
When he was subsequently offered the chance of buying Lear's Macaws - which had been legally owned in Central Europe for many years - but without ClTES papers, he was unable to resist the temptation. He admits: "I accept that it was wrong, but I felt it was better the birds should be breeding with me, rather than in some collection in the Middle East which is what would happen if I refused them. I just don't see why they had to terrorise all my other birds and take them from their breeding flights during the breeding season. I don't think it was because of the Lear's."
Mr Hague will be looking into the conduct of the case and the welfare of the birds taken by Customs and Excise. He feels Harry has made the right decision coming clean about the illegal birds in his possession, even though no charges have been made.
Cage &. Aviary Birds Editor, Garry Coward-Williams said: "There is absolutely no doubt that Harry Sissen is one of the most talented breeders of rare Macaws in the world. His action in taking the Lear's from Central Europe should be seen as that of a mission of mercy - not an exercise in failed paperwork. The birds were not wild.
Furthermore, I would like to ask the following questions: what about all the other birds that were taken by HM Customs? Why have HM Customs not yet charged him? Why won't they tell him where the birds are? Why did they take over 120 birds, many of whom are as rare as Lear's and some of which were on the nests or on eggs. What was the conservation benefit of disrupting these endangered birds whilst breeding? And who was the person who advised the Customs officers to do this? Our reporter Simon Mulholland has asked HM Customs all these questions, but was told that the case was subjudice and could not be discussed. But how can the case be subjudice when Sissen has not been charged? We will be following this case for Cage and Aviary Birds, and will be reporting in detail what has happened and the implications for all holders of CITES listed birds."
End of article
(Comment by the website editor: firstly there are a number of points that need correction or comment here. These macaws could not be legal in the country of purchase (Yugoslavia?) as Brazil has not permitted the export of this species for decades. They must be wild birds since none have been bred in captivity apart from the Lear's Macaws at Busch Gardens.
As Harry Sissen had no documents - CITES, export or import permits - he could not fly them to the U.K, but must have transported them concealed by road for thousands of miles through a number of European countries followed by a boat journey and another long road journey in the U.K. Can this really be regarded as a mission of mercy?
The exact circumstances of the seizure are not yet known, but it is certain the Customs and Excise version of events will be different from Sissen's. The veterinarian concerned is well-known and highly respected in the U.K and abroad. However I would suggest that anyone engaged in illegal activities, and Harry has now admitted to this as far as the Lear's Macaws are concerned, has to recognise and accept the risks involved. The original sin was the illegal activity, not the action of the authorities in their investigation.
I would hope that this admission would facilitate the return to Brazil of these stolen macaws. However it seems that Harry Sissen can appeal against the seizure and although it seems certain that this will fail in the case of the Lear's Macaws, the appeal will unnecessarily delay their return.
May I remind visitors to the website tha"Breeder seeks birds' return" A report published in the Yorkshire Post, British regional daily newspaper, on 6th June 2002.
A breeder of rare birds who was jailed for illegally importing some of the world's most endangered species into Britain asked a judge yesterday to order the return of part of his collection, valued at £100,000.
"Set the three free". A report by Greg Meenehan published in the issue of Cage & Aviary Birds for the week ending 12th January 2002.
A celebrity MP has launched a campaign for the speedy return of three highly endangered Lear's macaws held in England to a breeding programme in Brazil.
"Slow justice clips wings of Brazilian Three". A report in the Times by Valerie Elliot on Monday, 10th December 2001.
Three of the world's rarest birds have been trapped at a secret bird sanctuary by legal procedures for three years despite efforts by Brazil to get them back.
"Bird smuggler told to repay £150,000".Report in the Yorkshire Post on 27th September 2001.
A world-renowned parrot breeder faces jail if he refuses to hand over ill-gotten gains made from smuggling rare species into Britain.
"Sissen's illegal earnings" A report in the Cage & Aviary Birds issue for week ending August 11th, 2001
A court has ruled that Harry Sissen made £160,000 ($ 240,000) from illegal activities involving endangered parrots, for which he was jailed last year.
Commercial operation
Customs & Excise claimed he ran a massive commercial operation to breed from smuggled birds.
Supplementary report in same issue
Angry outburst in court room
Harry Sissen vented his anger on the court after the ease in a series of actions intended to draw attention to his plight and that of his rare birds.
" Sissen guilty as charged ". A report in Cage & Aviary Birds issue dated 24th March 2001.
The House of Lords has refused to grant jailed bird keeper Harry Sissen leave to appeal against his conviction on a point of law, his last hope of overturning the conviction.
"House of Lords refuses to consider appeal." A website report of 1st March 2001.
I have received news that the House of Lords has refused Harry Sissen the opportunity of a final appeal hearing. This was the last legal remedy available to him. He has now asked for all the birds confiscated from his property to undergo a DNA test before the court hearing on their future disposition.
Summary of the ruling in the Appeal Court by a barrister.
ANIMAL -Endangered species-Fraudulent evasion of restriction on importation -Endangered parrots imported illegally into European Union-Point of entry not United Kingdom-Whether subsequent importation into United Kingdom from another Member State constituting offence of being knowingly concerned in fraudulent evasion of restriction on importation of goods-Customs and Excise Management Act 1979, s170(2)(b)-Council Regulation (EEC) No 3636/82, art5-Council Regulation (EC) No 338/97, art 4
"Sissen released from prison". Report in 20th January 2001 issue of Cage & Aviary Birds.
Jailed bird keeper Harry Sissen has been released from prison after serving eight months of his 18-month sentence. The noted breeder of endangered parrots was granted parole in time to spend Christmas with his family at home in North Yorkshire.
"Sissen loses appeal but soon to be free." A report in Cage & Aviary Birds for the week ending 16th December 2000
Jailed birdkeeper Harry Sissen has had his appeal against his conviction for illegally importing birds dismissed.
Sissen loses appeal, but has sentence reduced. A website report on 8th December 2000
The Court of Appeal in London met today to give its decision on the appeal by Harry Sissen against the judgement and sentence given at Newcastle Crown Court. in April. The three appeal court judges upheld the decision of the Crown Court, but reduced the sentence to 18 months. Leave of appeal to the House of Lords (the British upper chamber) was refused. A decision on what happens to the livestock confiscated will have to wait until all avenues of appeal have been exhausted. As this is now a landmark case because of the grounds of the appeal, the website will endeavour to obtain and publish today's ruling by the Appeal Court.
Sissen: wait for verdict
A report in Cage & Aviary Birds week ending 25. November 2000
JAILED bird keeper Harry Sissen must wait to find out whether he will be released following his appeal case in London last Friday.
Appeal date set for Sissen.
A report in Cage & Aviary Birds week ending 4. November 2000
Jailed endangered parrot breeder Harry Sissen is to have his appeal heard in London in two weeks' time."Sissen to appeal".
A report in Cage & Aviary Birds week ending 29 April 2000
Jailed bird keeper Harry Sissen is to appeal against the two-and-a-half-year sentence that has wiped out his life's work and devastated his wife and family.Sentence doesn't fit crime
She added: "It's absolutely ridiculous. There are murderers who don't get that much. The sentence just doesn't fit the crime at all.
Two year investigation.
The 13-day crown court trial was the culmination of almost two years of investigations by Customs & Excise, following two raids on the Sissens' farm in April and May 1998.
Right of appeal
Sissen jailed.
A report in Cage & Aviary Birds week ending 22. April 2000
Parrot breeder branded ''hypocrite and liar'
by judge in smuggling case
Harry Sissen , one of the world's leading bird experts, was last week jailed for two and a half years for illegally bringing endangered parrots into Britain.
Devious and elaborate scheme, says Judge
In passing the two and a half year sentence, Judge Guy Whitburn said: " In bringing this case to court you have shown you are a liar and a hypocrite.
Birds may go back home
Sissen now faces the prospect of having all 140 of his birds confiscated, and a hearing to determine their future will be held in the next couple of weeks.
Behind bars, the bird man named by Hague. A report in the Daily Mail, a popular British national tabloid, on 15th April 2000
Press release by HM Customs and Excise soon after verdict on 14th April 2000
Mr Sissen of Cornhill Farm, East Cowton, Northallerton, was charged with 4 Customs offences concerning the smuggling of rare parrots, including 3 Lear's Macaws, under the Customs and Excise Management Act 1979. In contravention of EU law and the Convention on the International Trade in Endangered Species (CITES).
Prison sentence for UK parrot smuggler. Press release by Royal Society for the Protection of Birds issued on 14 April 2000
Today, at Newcastle Crown Court, the UK's best known parrot breeder Harry Sissen has been found guilty of four charges relating to the illegal sale and importation of parrots. The four-week trial, brought by HM Customs, followed a raid on the Northallerton address of Harry Sissen in April 1998. In the operation over 140 parrots were seized in the North Yorkshire operation. These birds, of around 25 species, included three Lear's macaws, one of the most critically endangered birds in the world.
News fact sheet issued by HM Customs and Excise on 14th April 2000
Today at Newcastle Crown Court Harry Sissen, a well known UK Bird breeder and dealer, was sentenced to two and a half years in prison and ordered to pay £ 5,000 costs after being found guilty on four charges of smuggling rare parrots. This is believed to be the longest sentence ever given in the UK for offences concerning illegal trade in endangered species.
Guilty verdict in Sissen trial
The BBC 6 o'clock news (18.00 hours) for today, 14th April, announced that Harry Sissen had been found guilty on four counts of smuggling and received two sentences of 2.5 years to run concurrently. Further information will be posted on this website as soon as it becomes available.
I didn't admit to smuggling, says Sissen. Parrot breeder tells court the Tory leader must have "misunderstood" A report on the Sissen trial in the issue of "Cage & Aviary Birds" for week ending 15.4.2000.
World renowned bird breeder Harry Sissen last week dismissed claims by Tory party leader William Hague that he had confessed to illegally smuggling parrots into the UK.
Press release by Royal Society for the Protection of Birds (RSPB) dated 10th April 2000
The case which in the RSPB's opinion involves the most serious allegations of wildlife smuggling ever brought before a British court nears its climax.
Ghost of parrot haunts Hague. A report by Paul Wilkinson in the Times on 31st March 2000
(Website editor: This report in the Times, the well known daily broadsheet newspaper, refers to a front page article two years ago inThe Sun, a popular daily red-top tabloid in the U.K, which recycles allusions to the dead parrot sketch in a Monty Python programme transmitted decades ago endlessly and tediously on every possible occasion. Harry Sissen apparently had two Lear's macaws in his possession at the beginning of the 1990s stuffed and mounted after they died. These were discovered by Customs and Excise officials at the time of the raid displayed in his home and duly confiscated with the live birds.)
The 24-carat parrots. A report on the trial of Harry Sissen by Neil Sears. Published in the Daily Mail on 24. March 2000
(Website editor: The Daily Mail is a popular British tabloid catering for a mid-market readership.
It is regarded as the newspaper of "Middle England", i.e the fairly prosperous, reasonably educated middle class. The article was accompanied by a frequently published monochrome image taken ten years ago of Harry Sissen with two Military Macaws (Ara militaris) on his head and shoulder, but unfortunately incorrectly described in the caption as Lear's macaws. I hope that this does not exacerbate the already unacceptably high incidence of parrot theft in the U.K with likely perpetrators mistakenly believing macaws with feather lines on their cheeks are extremely valuable.)
The smuggling racket begins in the jungles of Brazil, moves on to Britain via Eastern Europe and involves a commodity more valuable than heroin, a jury heard yesterday.
Sissen wins legal aid
A report in the 22.1.2000 issue of Cage & Aviary Birds reads as follows:
16 rare birds dead in Sissen case
A report in the 3.12.99 issue of Cage & Aviary Birds reads as follows:
Sissen to face trial
A report in the 23.10.99 issue of Cage & Aviary Birds reads as follows: "Parrot breeder Harry Sissen faces a trial on November 19 at Teeside County Court
CAGE & AVIARY BIRDS November 14 1998
William Hague to investigate macaw breeder's dilemma
Sissen comes clean on Lear's to the Leader of the Opposition
Between April and May this year the world-renowned Macaw breeder, Harry Sissen had most of his collection confiscated in raids by HM Customs, as reported in the May 16 issue of Cage &.Aviary Birds. More than six months later, HM Customs have still not charged Mr Sissen with any offence. He is still unaware of the fate of the birds that were taken, many of whom were either on eggs or nest building at the time of the raids. In a bid to resolve this stalemate he has confessed his indiscretion to his constituency MP, the Rt. Hon William Hague and asked the Leader of the Opposition to help him get this matter resolved, writes Simon Mulholland.
