Anger at decision to drop charges of hunting badgers

Sep 21 2007 West Lothian Courier

AN animal welfare group has criticised a decision to drop badger-baiting charges against two West Lothian gamekeepers.

Last week at Edinburgh Sheriff Court, West Calder man Scott Collins (20) and Derek Kelly (23), from Bathgate, and their two friends, Greig Withers (also a gamekeeper) and Adam Lennon, were fined a total of £2320 after admitting interfering with and blocking up badger setts while they were out hunting with dogs last year.

However, a string of other charges relating to animal cruelty and attacking badgers were not pursued by the prosecution after the Crown accepted that the four men had not intentionally gone to hunt the protected animals.

However, the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) said it was very disappointed after the badger-baiting charges were dropped.

The Crown accepted explanations that the group had been rabbit hunting at Dalmahoy Hill Plantation, Balerno, in August last year when one of their dogs had run off down a badger sett.

The dog, a black-and-tan Patterdale terrier, was eventually dug out suffering from horrific injuries.

Police and SSPCA officials were alerted when a resident heard animal screeches from the woods.

They found the men digging into the badger sett and discovered that another entrance to the sett had been closed up.

The court heard that the dog had “blood pouring from its mouth and ears and skin was missing from its face”. SSPCA experts said it was consistent with an attack by a badger.

The four accused men admitted two charges of interfering with a badger sett and obstructing access to a badger sett.

Four other charges, including attacking a badger sett and failing to properly treat the injured dogs, were all droppedby the Crown.

However, that move was criticised by police and animal welfare groups who attended the hearing.

Jim McGovern, wildlife and environmental crime co-ordinator with Lothian and Borders Police, said: “In an area that is thought to be infested with rabbits, they didn’t manage to catch one in four to five hours.

“Either they weren’t very good at what they were doing or something else was going on that day.”

SSPCA press manager Doreen Graham said: “The investigation involved more than 20 credible witnesses and it was disappointing that the evidence was not heard in court.

“Three of the men were gamekeepers, one of whom was gamekeeper-of-the-year.

“It is extremely strange that, having been hunting for rabbits for four to five hours, they hadn’t caught a single one.

“One of the dogs was also wearing a radio tracking collar, which is often used for badger baiting.

“We would like to praise the Sheriff, who gave the appropriate sentence with the evidence that was heard.

“Wildlife crimes, by their nature, are complex and it is important that these cases come to fruition.

“The Society will be discussing this matter with the Crown Office.”

Sentencing the four men at Edinburgh Sheriff Court last week, Sheriff Kenneth Hogg said that he would have jailed the men for the maximum six months if he had believed that they had intentionally attacked the badgers.

Instead, he handed Collins, a former gamekeeping student-of-the-year at his college, and Withers fines of £640. Kelly and Lennon were each fined £520.

The injured dog is still in the care of the SSPCA.