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They lighten the pic.and said . Kestrel would not have solid dark grey back and wing and would have darker more distint moustache marks. And also not that much spotting on sides. There was much debate about this one but after lighten the pic all agreed that it was a Merlin, Maybe the Taiga species or family.
Old post, but agreed that this was a Merlin. Kestrels have two dark mustachial markings (as opposed to this bird's single marking) and are not all dark above (as this bird was).