A terrierman has been convicted of interfering with a badger sett in Fife.
Former gamekeeper Dylan Boyle, 51, was filmed by investigators from the League Against Cruel Sports (LACS) at a farm at Letham, near Cupar, on January 10 last year.
During a trial at Kirkcaldy Sheriff Court he had denied two charges of interfering with a badger sett by digging and damaging it and obstructing access by blocking an entrance with rocks.
Boyle, of Avonbridge near Falkirk, told the trial he had been there with a terrier dog to control foxes that day.
He insisted it was not an active badger sett and he only saw fox holes.
Disputed expert evidence
The trial heard an ecologist and police officer went to the site the next day and found tell-tale signs of an active badger sett, as had an LACS investigator on the day of the offence.
The court heard key indicators included D-shaped entrance holes – fox holes are more oval-shaped – and badger hair, scratch marks, bedding material and latrines.
Prosecutor Gerard Drugan put to Boyle he was suggesting experts were wrong about the presence of badger holes, to which the accused replied: “That could have happened the night before – they (experts) were there the following day.”
Mr Drugan said: “Your position is that somehow, overnight, badgers moved into the locus and reshaped the holes?”
Boyle replied: “Yes.”
The fiscal depute said: “But (the LACS investigator) saw they were badger holes?”
Boyle, who said he had studied gamekeeping and wildlife management at college, said: “He could be wrong.”
The fiscal said: “People who have spent a long time being involved with badgers are wrong?
“(The LACS investigator) was wrong,” Boyle responded.
‘Reckless disregard’
Sheriff Mark Allan said he was satisfied it was an active badger sett on the key date and found Boyle guilty of two charges in contravention of the Protection of Badgers Act 1992.
The sheriff told Boyle: “I am satisfied you both dug the badger sett and obstructed the sett and did so with reckless disregard as to the consequences of your actions.”
Making reference to Boyle’s own background, education and knowledge, the sheriff said: “You should take care, you should not show reckless disregard for what it was you were doing on that particular occasion.
“You require to be careful and ensure what you are not doing is interfering with a badger sett.”
Sentence was deferred for six months, until March 13, for Boyle to be of good behaviour.
The sheriff warned any further report of badger sett interference would mean a more serious approach taken at sentencing, with one potential option being prison.
‘Our cameras can be anywhere’
Earlier in the trial, first offender Boyle was acquitted of three other allegations he entered a terrier into a badger sett, put the dog at risk by doing so and caused an animal fight in a badger sett between a terrier and a wild fox.
Robbie Marsland, director of Scotland and Northern Ireland for LACS, welcomed the guilty verdict.
“I’m very pleased that the League Against Cruel Sports’ vigilant fieldworkers were able to provide Police Scotland with video evidence that led to this successful conviction.
“Crimes against wildlife are all too common in Scotland and I hope this case will serve to remind people like Mr Boyle that our cameras can be anywhere”.
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