BLIDWORTH man Stephen Tucker has gone on trial this week accused of digging a badger sett with his pet terrier.
Tucker (50), of Lyndhurst Avenue, was spotted by police with three other men at the sett in woodland at North Wheatley, near Retford, on 5th September 2003.
Two of the men escaped and have not been identified, but Tucker and Walter Wilkinson (79), o
f Retford Road, North Wheatley, are standing trial at Worksop Magistrates' Court this week.
As the case got underway on Monday, it was revealed that the men were caught with spades, two terriers and underground tracking equipment — but both deny digging for badgers, interference with a sett and cruelty to the two dogs.
The court was told that the four men were spotted 'vigorously digging' on the morning of 5th September by local wildlife enthusiast Anthony Elliott.
Mr Elliott had been observing the woodland for some time and said it was the site of an active badger sett.
He called police and when officers arrived Tucker and the two unidentified men tried to run away from the scene.
Said prosecutor John Sutcliffe: "Neither Tucker nor Wilkinson have denied they were there or had a dog and were digging. But they insist their quarry was a fox."
A police officer found a brown and tan terrier tied to a tree near the site that was later identified as Tucker's dog, Ben.
The prosecution claim the terrier and a second dog that later emerged from a hole in the ground were both injured.
"When the dogs were examined by a vet both were found to have recent injuries that were still dripping with blood and had become infected," said Mr Sutcliffe.
"The vet said they had not been caused by another dog and were unlikely to be caused by a fox. They were described as being 'classically inflicted' by a badger."
After his arrest Tucker was also found to have locating and receiving equipment in his pocket — devices that are considered essential for tracking a badger underground.
Mr Sutcliffe added that the men did not have equipment commonly used for catching foxes, such as nets or a shotgun.
It is illegal to interfere with a badger sett under the 1992 Protection of Badgers Act.
The trial continues and is expected to conclude tomorrow.
