Farming: Badger case dropped over definition

The decision to drop a prosecution relating to a badger sett on National Trust for Scotland land in Fife has been met with relief by the farmer involved.

The case against Ian Whiteford, of Hill Tarvit Mains, Cupar, hinged on what is defined as the "current use" of setts, and a successful prosecution under the 1992 Protection of Badgers Act could have led to the loss of his single farm payment.

Whiteford had denied that, on land he rents from NTS, he interfered with a badger sett and damaged it, or part of it by instructing ploughing and cultivation of the field with intent to cause damage to the sett, and did so with "reckless disregard".

The prosecution was raised as a result of a complaint from NTS. The trial, scheduled for next week, would have involved witnesses from both NTS and the SSPCA.

Following correspondence between defence solicitor Douglas Williams and the Crown, it has been decided that there is insufficient evidence relating to occupation of the sett at the time of ploughing.

Williams said a definition by Scottish Natural Heritage of "current use" went beyond legislation and case law.