Man sentenced after dog left with more than 30 puncture wounds from illegal badger baiting

A man has avoided jail after his dog was found with more than 30 puncture wounds and video footage showed him encouraging two dogs to fight a badger.

Carl Harwood, 27, from Burnley was given a 16-week prison sentence, suspended for 12 months, after mobile phone footage showed two dogs attacking a badger on the head, throat and back.

The “absolutely horrific” film, which was recorded in June 2021 was described by an RSPCA inspector as “very difficult to watch and to listen to.”

Harwood, of Lowerhouse Lane, was disqualified from keeping any animals for five years after he was sentenced at Blackburn Magistrates Court.

The court heard how the RSPCA visited his home with Lancashire Police and saw his 14-month old bull lurcher Toby being held on a lead.

The dog, who was wearing the same type of collar as that seen in the mobile phone footage, had a significant scar which ran lengthwise along almost the entire length of the top of his head.

On the left hand side of the lower jaw and surrounding area there were 22 individual scarred puncture wounds and on the right hand side there were nine. More recent scarring and scabbing was seen underneath his left hind paw and lower leg.

Harwood told the officers they had been sustained while out lamping and ratting. 

Inspector Taylor was concerned about the injuries to Toby and he was seized by the police and taken into RSPCA care and seen by a vet.

He was subsequently microchipped, vaccinated and treated for fleas and worms. The scars on his head, muzzle, throat and chest also became much less visible as the weeks went by.

In her evidence to the court, inspector Taylor described the mobile phone footage.

“It was filmed in the dark but two dogs can be seen attacking a badger as initially, when the recording begins, a bright light can be seen being shone on the animals,” she said.

“The footage is very difficult to watch and to listen to, it is absolutely horrific.

"All the way through the footage the badger can be heard screaming in pain and it is extremely distressed, with the dogs heard panting also.

"At around eight seconds, when Toby has lost interest and has left the badger, a male voice can be heard to say something like ‘here Toby, Toby get it, get it.’

"The dog can then be seen joining the first dog in attacking the badger again.

“The men heard to be present during the recording made no attempt or effort to get the dogs under control and prevent them from fighting and attacking the badger.”

Her colleague, inspector Chris Haywood from the RSPCA’s special operations unit which investigates wildlife crime, told the court: “In my opinion, and based on previous experience, these wounds were caused by close combative contact with a badger.

"In 34 years of dealing with dogs I have never seen these types of injuries on any other breeds other than lurchers, bull lurchers and terriers and known them to be caused by any other means than by a badger.”

Magistrates also heard evidence from a vet who examined Toby on 20 October.

He said the scars represented skin injuries that had healed and therefore occurred at least four weeks prior to his examination.

“In my opinion, Toby would have been caused to suffer in the absence of timely and appropriate veterinary care at the time of skin injury,” he said.

“With regards to the video footage, the person present at the time the two dogs were attacking the badger failed to take reasonable steps to intervene and bring the dog under close control in order to prevent him from continuing to fight with the badger, thereby failing to protect these animals from injury, pain and suffering.”

The court was told that Harwood, who admitted he owned and was responsible for Toby, said, despite knowing what had happened was illegal he did not think there was anything wrong with the footage.

He also said he did not believe that his dog required veterinary treatment for his injuries.

Harwood also denied having an encounter with a badger, any involvement with injuring or killing one and said he did not believe it was Toby in the footage.

He could not explain why the scarring on his dog may not have matched the injuries that would be sustained from going ‘ratting’ with him, the court heard.

Toby has recovered well in RSPCA care and the charity hopes to rehome him in due course. The whereabouts and owner of the other dog seen in the video are unknown.

In addition to the suspended prison sentence, Harwood was ordered to carry out 150 hours of unpaid work and pay costs of £500. He was also given a three-month curfew from 8pm to 8am.

District Judge Alexander Boyd told him: “The law in relation to protecting animals such as badgers is there to preserve protected species because in a sense those species belong to us all. When you abuse animals like this, you’re abusing not only the animal itself, but also our environment and our national heritage.

“Setting a dog on a badger to injure it is not a sport, it is wilful cruelty. The fact that you videoed it and kept it on your phone would suggest to me that you took pleasure from what you did to that badger using your own dog."

Speaking after sentencing, inspector Taylor said: “Illegal badger baiting causes significant pain, suffering, huge distress and even death to the animals involved, all for the enjoyment of people who take part in it and shockingly, find pleasure in such activities.

"We would urge anyone with information about incidents like this to report them to the RSPCA or their local rural crime team.”

An arrest warrant has been issued for another man in relation to the case.

Harwood had previously been found guilty of one offence under the Protection of Badgers Act 1991 at a trial on 12 January this year and admitted a second charge relating to the Animal Welfare Act 2006.

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