Two found guilty of badger digging

August 2009. Two men have been found guilty of badger digging after they were caught in the act by an undercover RSPCA inspector.

Gerard Monk and Paul Billington were filmed digging a badger sett in woodland at Sandford near Whitchurch in 11 May 2008. They fled the scene after realising they had been watched.

Both men were subsequently arrested and were found guilty of six charges at the conclusion of a two-day trial brought by the RSPCA. Chief inspector Ian Briggs, from the RSPCA's special operations unit, said: "To catch two men actually in the act of digging a badger sett is extremely rare, but the video evidence proved vital in bringing this case to court and securing a guilty verdict.

"Badger digging remains a serious problem in our countryside and one we are proactively targeting in order to bring those involved in this cruel activity to justice. Badgers are a protected mammal by law, therefore it is a criminal offence to disturb their setts or to purposefully kill or injure a badger. We hope this case will act as a warning to anyone thinking about digging a badger sett. If we catch them, we will prosecute them."

Guilty of six charges
Monk, 27, of Wheelton in Lancashire, and Billington, 37, from Rossett in Clywd, both appeared at Shrewsbury Magistrates Court where they were each found guilty of six charges:

• Attempting to kill injure or take a badger
• Digging for a badger
• Interfering with a badger sett
• Interfering with a badger sett by causing a dog to enter the sett
• Interfering with a badger sett by disturbing a badger whilst it was occupying a sett (all five offences contrary to the Protection of Badgers Act 1992)
• Hunting a wild mammal namely a badger contrary to the Hunting Act 2004

The court was told the pair had arranged to meet at a roadside café on the Shropshire/Cheshire border early on the morning of 11 May, 2008, before going to dig a sett in Pond Wood, near Ashford Grange Farm, at about 8.30am. The pair left the scene about 45 minutes later, after they saw the RSPCA covert inspector filming them. They were later arrested by the police and questioned.

Inconsistent stories
Monk claimed he had been rabbiting and was digging to free his dog, while Billington also claimed to be digging for Monk's terrier, which had run down a rabbit hole. Billington claimed in court this was the first occasion the two men had ever met and they had arranged to meet as he was interested in buying a terrier bitch from Monk. However there were numerous inconsistencies with the pair's accounts and they were also found to have badger digging equipment with them.

PC Duncan Thomas, Lancashire Police's wildlife officer, said: "Unfortunately badger digging is still alive and well in the North of England and within Lancashire. We are committed to stamping out this activity in close co-operation with our wildlife enforcement partners, in this case the RSPCA.

"Let me make the issue absolutely clear: if you're caught digging badgers, we will confiscate the dogs, the equipment and any vehicles used and you will be brought before the courts."