Victims express upset at crowdfund for man convicted of muirburn offences

Crofter Ian MacKenzie was convicted of the offences at Tain Sheriff Court in June this year. His actions resulted in the destruction of thousands of young trees.

Muirburn is the burning of old growth on a heather moor to encourage new growth for grazing, best practice for which is contained in the Muirburn Code.

A JustGiving crowdfunding campaign to raise “£6,000 to help pay legal fees” for Mr MacKenzie states: “Ian unintentionally fell foul of the law. After a long, costly legal fight, he was fined £1,500, although acquitted of most of the charges levelled against him.”

Mr MacKenzie was, however, found guilty of two of the three charges made against him.

He was found guilty of failing to provide sufficient staff and equipment to control and regulate burning operations that took place in February 2021, which resulted in extensive damage, and for which he was fined £750. He was also found guilty of making muirburn without due care and in doing so causing damage to eight acres of land.

He was found not guilty of failing to give nearby proprietors sufficient notice of his intention to make muirburn.

The crowdfund for him was started last month.

Clashmore and Raffin Grazings Committee told Scottish Legal News that the campaign to raise money for Mr MacKenzie was “misleading”. The committee said it was “concerned that many people supporting this fundraiser are not aware of the facts and the impact of this campaign on the victims and witnesses of his crimes”.

It added: “Mr MacKenzie’s actions resulted in the death of around 2,000 young trees, planted by the victims on their croft over a number of years, and the destruction of some of their fencing. He fled the scene of his out of control fire, which came within about five meters of the victims’ house, leaving terrified local crofters in Clashmore to deal with it as they waited for the emergency services to attend.

“Instead of accepting his crimes and pleading guilty, Mr MacKenzie forced a criminal court case to proceed, a matter that was outwith the control of the victims and witnesses. We accept that this is his right, but it resulted in additional distress for the victims and others from the local community who had to attend in court as witnesses.”

The committee concluded: “The campaign does not provide an explanation on why Mr MacKenzie cannot pay his legal fees. Although we clearly do not know the details of his financial circumstances, we know he has numerous crofts, property assets and plenty livestock. So, we are surprised that he and his friends are seeking donations from the public.

“The campaign itself has caused further upset and distress to the victims and witnesses living in the local community. We hope that in ensuring people have the facts they can make an informed choice on the matter as, for what it’s worth, in our view, there are many worthier causes in Assynt.”