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<< News >> Sparks fly over rare axe head

Submitted by vicky on Friday, 23 April 2004  Page Views: 15723

DiscoveriesA Fife man who discovered a rare Neolithic axe head while out walking near his home is facing prosecution for refusing to hand it over. Under Scots Law such finds are Crown property but until now it is not thought anyone has faced court action. Michael Kelly discovered the 6,500-year-old axe head, one of only 30 in the UK, in a field last year.

Mr Kelly, from Leslie, has been told that court proceedings will follow if he does not hand over the artefact.

The former film stunt man said he discovered the axe head while scouting locations for a movie script he is working on.

"I didn't know it was an axe to start with, I just thought it was a fancy stone," he said.

"I picked it up and took it to the archaeologist and he told me it was 6,500 years old."

'Extremely exciting'

Mr Kelly initially thought his discovery would help him fund his film project - but he was wrong.

Fife Council's archaeologist Douglas Speirs said that under Scots law such finds were claimed by the Crown.

The items were usually then given to a local museum or, in the case of finds of high importance, to the national museums.

"This is a system which benefits everybody," said Mr Speirs.

"It enables the shared cultural importance of Scotland to be shared and enjoyed by everybody."

The axe head is known to have been made at Killin on Loch Tay.

Mr Speirs said it was an "extremely exciting" find and that its real value was in its story.

"It adds to our knowledge of the number of axes produced at that site and it adds to our knowledge of how widely these things were circulated.

"In archaeological terms this is a significant find," he said.

The Crown has told Mr Kelly that he must hand over the axe head or face prosecution.

The deadline has now passed, but he said he would not budge.

He usually keeps the axe buried in a secret location and warned that he may even leave it there.

"At the end of the day I didn't ask to find it, I didn't steal it from anybody," he said.

Source and Photo: BBC News 12/03/2004

Note: Charges are dropped - see comment below.

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"Sparks fly over rare axe head" | Login/Create an Account | 5 News and Comments
  
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Re: Charges Dropped by Anonymous on Saturday, 24 April 2004
I do hope that the words of the fife county archaeologigt on finding artefacts are not taken up, otherwise very little would ever be discovered, those around here seem to spend there days dreaming in ivory towers. leaving this area of research to we amateur`s. arthur, burbage,leicestershire.
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Charges Dropped by Vicky on Friday, 23 April 2004
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This article from the Dundee Courier 23/04/2004:

Neolithic axe head charges dropped

CRIMINAL proceedings against Leslie man Michael Kelly, who found a neolithic axe head and initially refused to give it up, have been dropped.

Mr Kelly discovered the 6000-year-old axe head late last year while walking in the Lomond Hills.

After having it verified by experts, Mr Kelly (45), a former stuntman, was adamant that he would keep hold of his find unless Fife Council paid him thousands of pounds to help fund a movie he wants to produce.

The local authority turned down his request and, as such ancient items belong to the Crown, the procurator fiscal service in Kirkcaldy wrote to inform him he would be prosecuted unless he handed the axe head over.

Last month, however, Mr Kelly relented and voluntarily gave the piece to detectives when they called at his home.

Now the procurator fiscal has decided not to press charges against him.

A relieved Mr Kelly said, “I am glad it’s all over and that I won’t have to go to court.

“I’m also disappointed I had to give up the axe head but I just didn’t want any more hassle.”

Fife Council archaeologist Douglas Speirs believes the Lomond Hills may possess similar treasures but does not recommend excavating its slopes.

He cautioned, “I would strongly advise anyone to resist the temptation of actually digging into the ground to look for new finds.”
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Axe is seized by police following a raid yesterday by Vicky on Wednesday, 31 March 2004
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This article appears in today's Herald:

Ancient axe seized by police after raid
RAYMOND DUNCAN March 31 2004

POLICE raided the home of a man yesterday who had refused to hand over a rare Neolithic axe head he found while out walking near his home.
Michael Kelly, a 45-year-old former film stunt man, who discovered the 6500-year-old artefact in a field in Fife last year, was charged with theft and now faces prosecution.

Under Scots law such finds are Crown property and Mr Kelly is now awaiting a court summons for failing to hand over the ancient weapon.

Mr Kelly, from Leslie, near Glenrothes, said that four detectives arrived at his door as he was having his breakfast.

"I was totally surprised. They said they'd come for the axe and a search team might come and turn the place upside- down.

"I thought 'I'm not wanting that', so I just gave them the axe. It was in my coat pocket, and they charged me with theft. It was a bit heavy-handed."

Mr Kelly said that he had found the stone axe head at the foot of the Lomond hills while scouting locations for a film script he has been working on. All newly-discovered ancient objects in Scotland belong to the Crown because the heirs of the previous owner can never be known.

Once a find is handed over, it decides whether to retain the object and, if so, to which museum it will be entrusted.
Where an item is retained the finder can be paid a reward based on the market value of the object.

Despite his encounter with the law, Mr Kelly, an aspiring film-maker, remained unrepentant and said that the Crown owed him money for discovering the artefact.
"I found the axe, so I should have been paid for finding it. All I want is some cash to get my film off the ground."

A spokesman for Fife Constabulary said: "A 45-year-old man has been reported to the procurator-fiscal in connection with the discovery of an ancient axe head."
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Re: The axe - more by PaulM on Saturday, 13 March 2004
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From the Courier - a photo can be found here:

http://test.thecourier.co.uk/output/2004/03/13/newsstory5711320t0.asp

A Fife man is facing prosecution for refusing to hand over a rare neolithic axe head he found while walking near his home.

Michael Kelly, of Leslie, has been informed by the Crown Office that a charge is to be brought against him unless he gives up his 6500-year-old discovery.

However, Mr Kelly has no intention of doing so unless he is compensated to his satisfaction.

“I’ve just buried it up the Lomond Hills, he told The Courier yesterday. “That’s where I found it in the first place and I’ve no intention of going to get it as things stand.”

The 45-year-old former stunt man revealed he asked Fife Council to pay him £5000 for the axe head to allow him to make a film.

“Ultimately, the council will want to bid for the axe head for one of their museums,” he said.

“I asked for £5000 to get my film off the ground, which is not even £1 for every year this thing has been buried.

“The council declined my request and I’ll be damned if they are going to get anything from me for nothing.”

Mr Kelly is willing to fight his corner in court.

“I received a letter from the Crown Office telling me I had to hand the axe head in by March 9,” he said.

“But I haven’t and the letter said I would then be charged with theft or reset. That is nonsense because I haven’t stolen anything.

“I asked the owner of the land that I found the axe head on if he wanted it and he said he didn’t.

“If a museum is to have it, I think I should be rewarded accordingly.

“I’ve been told I would probably only get £200 for handing it in and that’s nowhere near enough.

“I expect I’ll end up in court and I’m ready for that.”

Recalling how he came across the axe head, Mr Kelly said, “I often go hill walking to think about my film scripts.

“On this occasion I was up West Conland and I saw what looked like a fancy stone lying on a ploughed field.

“A friend said it was ancient so I decided to have it looked at.”

Newly discovered ancient objects in Scotland belong to the Crown if the heirs of the previous owner can never be known.

Mr Kelly took the axe head to Fife Council archaeologist Alastair Rees. He said, “I advised Mr Kelly to declare his find as a treasure trove.

“In that instance, a panel would have decided how much money he should be given and which museum the piece should go to.

“Obviously Mr Kelly did not follow our advice.

“We knew straight away the axe head was of neolithic date and a specialist recognised it as a type of stone coming from the Killin area of Perthshire.

“It’s a very specific stone that you only find from there but which was transported all over the country.”

A Crown Office spokesman yesterday said, “We can confirm that the procurator fiscal in Kirkcaldy has written to Mr Michael Kelly in relation to the finding of an axe head.

“There is nothing further we can say as it is our policy not to disclose the contents of correspondence to and from other parties.

“If Mr Kelly wishes to make the contents of the letter public that is a matter for him.”
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Re: The axe by PaulM on Saturday, 13 March 2004
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A man who discovered a rare Neolithic axe head while out walking near his home is facing prosecution for refusing to hand it over. Michael Kelly, a former stuntman, has been warned that he could become the first person in Britain to be taken to court for failing to give up a historic find.

He said he was looking for film locations for a script he is working on when he found the 6,500-year-old artefact in a field in Fife last year.

It is one of only 30 such items found in Britain, and he has been urged to hand it over, but said yesterday that he had know hidden the axe head and intended to keep it.

Mr Kelly, from Leslie in Fife, added: "At the end of the day I didn't ask to find it, I didn't steal it from anybody."

Under Scots law, such finds belong to the Crown. Once they are handed over, the Crown decides whether to retain them, and which museum they should be entrusted to. If that happens, the finder is paid a reward based on the market value.

A spokesman for the Crown Office said: "We have written to Mr Kelly in connection with the discovery of an axe head.

"If he wishes to make the contents of the letter public then that is a matter for him. A deadline was set which elapsed within the past few days."

He initially thought it was "just a fancy stone" but took it to an expert who identified it as one of only 30 such objects found in Britain.

Douglas Speirs, the archaeologist for Fife council, said Mr Kelly had made an extremely exciting find, but should now hand the axe head to the authorities.

He said such items were usually given to a local museum, or to a national museum if they were of sufficient importance.

He added: "This is a system which benefits everybody. It enables the shared cultural importance of Scotland to be shared and enjoyed by everybody."

The matter is in the hands of the procurator fiscal.

Source: Auslan Cramb, Scottish Correspondent of The Daily Telegraph (Filed: 13/03/2004).
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