VIDEO: Fernie Hunt pair guilty over Hunting Act breaches
TWO employees of the Fernie Hunt have been fined after they were found guilty of breaching the ban on hunting.
The video taken by the League Against Cruel Sports which formed the basis of the prosecution case has been released and can be viewed by clicking on VIDEO underneath ‘External Links’ on the right of this story.
Huntsman Derek Hopkins (45) and terrierman Kevin Allen (51) were accused of hunting a wild mammal with a dog and interfering with a badger sett or being reckless as to whether their actions would damage it.
Representing the pair during the course of the seven-day trial, Philip Mott QC argued that the hunt had been following a scent trail and not fox hunting, and that the badger sett was not occupied.
But at its conclusion yesterday (Wednesday), magistrates at the Harborough Court found Hopkins and Allen guilty on both counts.
Hopkins, of Welham Lane, Great Bowden, was fined a total of £850 and ordered to pay £1,250 costs plus a £15 surcharge.
Allen, of Nether Green, Great Bowden, received fines totalling £650 plus £900 costs and a £15 surcharge.
The trial centred on a hunt which took place near Stonton Wyville on January 27 last year and which was filmed by members of anti-hunt group, the League Against Cruel Sports.
Diana Cottrell, prosecuting, said the footage showed hounds marking the site of a badger sett where a fox had gone to ground, having been chased by the hunt.
The hunt was not following a scent trail, said Ms Cottrell, but actively hunting a fox in breach of the ban.
Ms Cottrell said that once at the sett, Allen was called over by Hopkins, who was on horseback, and instructed to introduce a terrier to flush out the fox so it could be hunted again.
The fox is then seen to bolt from the hole before being followed by the hounds - further evidence of illegal hunting said Ms Cottrell.
Allen said in evidence that he had been instructed to flush out the fox so it could be caught in nets and shot - a legal practice.
But after studying the video, magistrates said they could see no evidence of nets being placed over entrances to the sett to trap the fox and accepted the prosecution version of events.
Ms Cottrell said evidence of hair, dung heaps and bedding showed that the sett was occupied and this was also accepted by magistrates.
Addressing Hopkins and Allen, chair of the bench Ron Harris said: “We believe the fox went to ground as a result of being pursued. We believe the hounds were kept in the immediate area so they may be able to follow the fox should it bolt. We believe you were illegally hunting a fox.”
In mitigation, Mr Mott QC said: “There was no intentional interference with a badger. This is very far from the kind of case of causing harm to a protected animal. These are men of good character with no previous convictions.”
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Thursday 17 May 2012
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