An Edinburgh construction boss has been fined after ordering contractors to bulldoze a badger sett.
Bryan Gilfillan, from, Restalrig, was sentenced at Livingston Sheriff Court on Tuesday, June 20, after pleading guilty to a breach of the Protection of Badgers Act.
The incident took place at a housing development in East Calder between October 8 and 15, 2021. The 53-year-old was fined £3,600 for contracting workers to bulldoze earth over the den.
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The prosecutor told the court that the offence took place at a new housing development at Raw Holdings, East Calder. An ecology report carried out found evidence of badger setts on the site, reports Scottish Housing News.
In August 2021, further planning permission was sought and fencing was erected to ensure all works kept 30 metres away from all setts. J&B Future Developments purchased the land adjacent to the initial development site a month later.
On October 9, 2021, Persimmon staff found their fencing had been taken down and contacted the police after machine tracks could be seen in the soft ground.
Police spoke with site manager Gilfillan who told them any activity on the site had been authorised by him. He said: "We did checks, we gave the bushes and the fence a shake and a good kick, nothing came out."
The men who Gilfillan had contracted to carry out the groundwork had not been informed of active badger setts in the area.
An ecologist confirmed the damage to the previously active setts. There was no badger activity around them and because of the damage they could not check within the setts.
Speaking after the sentencing, Debbie Carroll, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS) commented: “Bryan Gilfillan’s actions were deliberate and carried out with a reckless disregard for the consequences they could have for a protected species.
“The law protects badgers from harm and COPFS will continue to work to ensure anyone who breaks the law faces prosecutorial action.”
