Burnley man spared jail after ‘horrific’ badger baiting footage found on mobile phone

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

Two dogs, including a 14-month-old Bull Lurcher called Toby, were seen attacking the badger on the head, throat and back, with a male voice encouraging them on. Toby was left with more than 30 puncture wounds.

His owner, 27-year-old Carl Harwood, of Lowerhouse Lane, was given a 16-week prison sentence, suspended for 12 months, and was banned from keeping any animals for five years by a judge at Blackburn Magistrates Court last Wednesday, following a prosecution by the RSPCA. Harwood was ordered to carry out 150 hours of unpaid work, pay costs of £500 and was given a three-month curfew from 8pm to 8am.

Describing the footage in court, RSPCA inspector Lyndsey Taylor, who investigated the offence, said: “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.

“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.”

The 27-year-old had previously been found guilty of one offence contrary to the Protection of Badgers Act 1991 at a trial in January and admitted a second charge relating to the Animal Welfare Act 2006.

The court heard how police discovered the disturbing footage on another man’s mobile phone in August, 2021, after both men were being investigated for other non-related offences.

Following an investigation, police seized Toby from Harwood’s house in October, 2021. The dog, which was taken into RSCPA care, had a significant scar running along almost the entire length of the top of his head. There were 31 individual scarred puncture wounds around his jaw.

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

RSPCA inspector, Chris Haywood, 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.”

A vet who examined Toby at least four weeks after the attack said: “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.

“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 didn’t think there was anything wrong with the footage - although he knew it was illegal - and didn’t believe that his dog required veterinary treatment for his injuries.

He also denied having an encounter with a badger, any involvement with injuring or killing one and said he didn’t believe it was Toby in the footage.

District Judge Alexander Boyd said: “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. That makes these offences even worse than they already are.”

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.”

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. An arrest warrant has been issued for another man regarding the case.