\n Peter Marshall was spotted causing his terrier dog to enter setts at rural areas near Haddington and Gifford on repeated occasions between February and April last year.\n<\/p>\n
\n The wildlife camera recorded him as he allowed his dog to enter the setts and witnesses had seen him \u201chiding\u201d behind a tree as his dog bothered the badgers on a separate occasion.\n<\/p>\n
\n The 77-year-old pleaded guilty to interfering with badgers setts by causing his dog to enter them with reckless disregard.\n<\/p>\n
\n The offence was prosecuted under Section 3 of the Protection of Badgers Act 1992 and he appeared at Edinburgh Sheriff Court on Friday (September 19).\n<\/p>\n
\n Prosecutor Karen Rollo said Bolton Mains Wood, near Gifford, was partially privately owned and the owner has \u201can interest in wildlife and had erected a camera to watch over a very active badger sett there\u201d.\u00a0 \u00a0\n<\/p>\n
\n Ms Rollo told the court both the nocturnal animals and their setts are protected under the legislation.\n<\/p>\n
\n The fiscal depute said the land owner had seen Marshall walking his dog in the woodland area and had become \u201calarmed\u201d when the pensioner said his dog was \u201cattracted to badger setts\u201d.\n<\/p>\n
\n Witnesses had later seen Marshall, of High Street, Gifford, hiding behind a tree as his dog entered the badger sett and reported what they had seen on March 1 last year.\n<\/p>\n
\n The following month \u201cthe accused was captured on the wildlife camera with his dog\u201d and was seen moving branches from the entrance to the sett with his walking stick to allow the terrier to enter.\n<\/p>\n
\n Ms Rollo said: \u201cAt no point did he attempt to get his dog out of the sett.\u201d\n<\/p>\n
\n The landowner subsequently attended his local police station and handed over the footage.\n<\/p>\n
\n The court also heard a dog walker had become \u201cconcerned\u201d after spotting Marshall standing at the entrance to a badger sett near to Traprain Law on the outskirts of Haddington in February last year.\n<\/p>\n
\n Ms Rollo said: \u201cHe stated to her he had a dog down one of the setts and she stated to him \u2018that didn\u2019t sound very good for the badger or the dog\u2019.\n<\/p>\n
\n \u201cHe replied \u2018the dog\u2019s a terrier and that\u2019s what the are bred to do\u2019.\u201d\n<\/p>\n
\n The woman took a photograph of Marshall\u2019s vehicle and reported the incident to the police.\n<\/p>\n
\n The court was told members of the Scottish Badgers charity had attend the site and found the sett was active and the protected animals were present at the time.\n<\/p>\n
\n Sheriff John Cook said: \u201cThis is a serious matter. The court requires to consider whether if there is any sentence other than custody that is appropriate.\n<\/p>\n
\n \u201cYou must attend at the social work department to allow that to be done and a restriction of liberty order assessment will be ordered.\u201d\n<\/p>\n
\n Sentence was deferred for the preparation of the reports to next month.\n<\/p>\n
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