Man cleared of illegally hunting fox with dogs near Kelso
- Published
The case is believed to have been the last one brought under old legislation
A huntsman has been cleared of illegally hunting a fox with dogs in the Scottish Borders.
The case is believed to have been the final one brought under old legislation in Scotland.
Myles O'Connor, 30, of the Buccleuch Hunt, was found not guilty after a two-day trial at Selkirk Sheriff Court.
MSPs voted earlier this year in favour of legislation to replace the Protection of Wild Mammals Act which was passed in 2002.
Mr O'Connor was found not guilty of hunting a fox with dogs at Hume, near Kelso, on 22 December 2021.
Two investigators from the League Against Cruel Sports (LACS) had been filming activities of hunt members.
It was claimed that a hound started chasing a fox after picking up a scent and nothing was done to stop the pursuit.
However, Mark Moir KC said in his closing statement: "Mr O'Connor did not see the single hound chasing the fox and therefore was not deliberately involved in encouraging the hunting."
Myles O'Connor was found not guilty at Selkirk Sheriff Court
After considering the evidence, Sheriff Peter Paterson agreed and delivered a not guilty verdict.
He said: "It is well known that cases of this nature involve highly emotive issues with a clear polar divide.
"That is not a matter for the court. It is for the court to apply the law.
"In this case, thankfully and possibly for the last time, this does not need the complexities of the 2002 Act.
"It boils down to whether the accused witnessed the single hound pursuing the fox and under the law I need to be satisfied beyond reasonable doubt."
'Stronger law'
Sheriff Paterson said he agreed with Mr Moir's position that Mr O'Connor did not see the hound pursuing the fox and, if he had, he would have taken steps to recall that hound.
He added he had no difficulty in returning a not guilty verdict in this case.
Mr O'Connor, who gave an address in Melrose, is no longer with the Buccleuch Hunt and is understood to be working for the Old Berkshire Hunt.
Robbie Marsland, director of the LACS, said it was disappointed with "yet another not guilty verdict".
He said it showed the need for a "new, stronger law" to replace the 2002 act, which the group said had led to only one successful prosecution for mounted fox hunting.