| Stephen Firth 2007-03-31, 9:25 am |
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RSPCA: Man Fined For Hunting Wild Mammal With A Dog
Tuesday, 27 Mar 2007 10:24
http://tinyurl.com/2hh2ka
A man who helped flush out a fox from a badger sett before setting
dogs on the fox to kill it was today sentenced at Chester Magistrates'
Court, in the first prosecution to be brought by the RSPCA under the
Hunting Act 2004.
Paul McMullen, 36, of Musker Drive, Bootle, was found guilty of
hunting a wild mammal with a dog. Magistrates imposed a fine of £750
and ordered him to pay £5000 towards costs, and to forfeit his two
dogs, a terrier and a lurcher, into RSPCA care. He was also ordered to
forfeit a number of spades and locator collars.
At earlier hearings last year two further men, Mark Kenneth Walsh (18)
of St Augustine's, Netherton, Liverpool, Paul Kelly (21) of Outer
Forum, Norris Green, Liverpool, and a juvenile were sentenced for
their part in the hunt, which took place at an active badger sett in a
field near Ferma Lane, Great Barrow, near Chester on Wednesday 11
January 2006.
The court heard how the three men and the juvenile left their homes on
the morning of 11 January and travelled together to the open field
near Ferma Lane with five terrier-type dogs and one lurcher, three
shovels and a number of locator collars. Once at the sett the three
men and the juvenile put two dogs in to the set to flush out a fox
which they allowed their dogs to kill when it emerged above ground.
A member of the public contacted Cheshire Constabulary on 11 January
after seeing the four males close to the disturbed sett. Officers
swiftly arrested McMullen, Walsh, Kelly and the juvenile at the scene.
RSPCA inspectors and Special Operations Unit officers were called in
to investigate and discovered a dead vixen close to the active badger
sett, though found no injured badgers close by.
On Monday 6 November 2006 Paul Kelly pleaded guilty before Chester
Magistrates to hunting a wild mammal with a dog. He was fined £500 and
ordered to pay costs of £2896.09. Magistrates heard in mitigation that
Kelly felt remorse for his actions and had signed his dog, a tan
terrier, over in to RSPCA care.
Mark Kenneth Walsh pleaded guilty before Chester Magistrates on Monday
16 October 2006 to hunting a wild mammal with a dog. He was fined
£500, ordered to pay costs of £2896.07, forfeit a number of spades and
locator collars and his dog, a tan and white terrier, was confiscated.
In mitigation, the court was told Walsh felt remorse for his actions
and was prepared to personally pay all boarding costs for the dog.
A juvenile pleaded guilty before Sefton Juvenile Court on Monday 16
October 2006 to hunting a wild mammal with a dog. On Friday 3 November
he received an 18-month conditional discharge and was ordered to pay
costs of £500. Magistrates heard in mitigation that the juvenile had
not previously offended and had signed both his dogs, a tan male
terrier and a tan female terrier, in to RSPCA care.
Sentencing McMullen, Chair of the bench Mr Michael Trevor-Barnston
told him:
"The court accepts the evidence of the RSPCA, with that of other
expert witnesses, in full. You did attend the site with three others,
you did have two dogs of your own and you did intend to hunt.
"Evidence of digging and spades were found close by, along with the
body of a vixen which had been substantially mauled," he added.
McMullen, who represented himself, claimed he visited the field to
seek consent from the landowner to hunt rabbits, but denied intending
to hunt a fox. He also denied being involved in flushing out the fox
and setting his dog on it to kill it.
RSPCA chief inspector, Ian Briggs, said: "We are delighted with the
outcome of this case. The ability to make animals suffer for sport is
barbaric and we are glad to see the court has given a very clear and
authoritative judgement on this.
"New legislation, under the Hunting Act 2004, was put in place to stop
people setting animals upon each other for human entertainment. The
sentences that have been passed in this case reflect the RSPCA's view
that hunting with dogs is cruel and unacceptable in modern society."
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