A workman who operated a 20-tonne digger on top of a badger sett has been fined £1,800.
Matthew Rogers admitted he was reckless to carry out excavation work near the protected habitat on a field belonging to his mother in rural Perthshire.
The 35-year-old business owner appeared at Perth Sheriff Court to plead guilty to interfering with and causing damage to part of the underground network, a breach of the Protection of Badgers Act 1992.
The court heard his excavation bucket came within four metres of the sett entrance.
Rogers, who runs a sound and lighting company, was reported to police after concerned locals took video recordings of his excavation job, which they described as “horrendous”.
‘Horrendous’ noise
The court heard the work was carried out in April 2022 on open ground between Dull and Camserney.
Prosecutor Gerard Drugan said the land was being used for horses.
He said a few years earlier, another person had started carrying out earthworks on the field but they stopped when they found the sett.
“In the early part of April, a witness became aware of work at the locus,” said Mr Drugan.
“They saw an excavator and flatbed truck present at the scene.”
A week or so later, another witness noticed the work.
“She described the noise as ‘horrendous’,” said the fiscal depute.
“She goes to investigate and finds Mr Rogers driving the digger.
“She was concerned because the work was close to the badger sett.”
Mr Drugan said: “They exchanged words and Mr Rogers said he was nowhere near the sett, indicating that he was aware of it.”
Sett ‘could have been destroyed’
The court heard the witness began to video the work, filming from the perspective of badgers and other animals.
When she walked towards the sett, Mr Rogers asked her what she was doing.
“She said she wanted to check the level of noise that the badgers were experiencing from the sett.”
Mr Drugan said more noise was heard coming from the field a few days later, on April 29.
Both locals went over to take a look.
“When they got to the site, they witnessed damage to the ground immediately above the sett entrance.”
It was established the digger had been “right on top” of the sett, causing damage to the ground.
Its excavation bucket had been used to move vegetation near the sett.
Mr Drugan said the closest damage was between two and four metres from the entrance.
“The possible disturbance and damage caused would have been deeply unsettling for badgers and could have destroyed the sett.”
‘Knows nothing of badgers’ living arrangements’
Solicitor Alan Davie, defending, said towards the end of the Covid lockdown his client’s mother asked him to excavate some of the land and make it more suitable for horses and resolve some drainage issues.
“He candidly accepts he knows nothing about badgers’ living arrangements.
“He did not know there were badgers on this land.”
Rogers was “clearing up” his work on April 29 and 30 when he caused damage.
“He accepts that he should have taken care and should have educated himself.
“He should not have returned to the work without that knowledge.
“Mr Rogers concedes he was reckless and he apologises.”
Mr Davie said: “This is a mistake he will not make again.”
Sheriff Clair McLachlan told Rogers: “I accept your explanation that you did not set out to cause damage and that this was very much out of character.”
She fined him £1,800, reduced from £2,000 for pleading ahead of his trial.
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