A Dufftown man has been handed a 10-year ban from keeping animals after his dogs were horrifically injured during face-to-face combat with wild animals.
Sean Garland, 39, appeared at Elgin Sheriff Court to be sentenced after admitting three charges under the Animal Health and Welfare Act 2006.
The court heard how damning text messages from Garland revealed how one of his animal died after having its throat ripped out during a badger baiting incident.
Two Patterdale terriers, called Muff and Midge, were also found within Garland’s Dufftown home and both had serious facial injuries, which vets said were caused by fights with either foxes or badgers.
All three offences of took place at Garland’s then-home on Blackfolds Farm, Dufftown, between March 12 2022 and February 2 2023.
Fiscal depute Karen Rollo told the court that the SSPCA had gone to Garland’s address on February 2 last year after a tip-off that he was using dogs for animal fights and badger baiting.
Officers found a pack of dogs at Garland’s house, including Muff and Midge.
Muff, the court heard, was aged 12, had no micro-chip and had “very obvious” and “severe” facial injuries to the lower lip, nose, and chin.
“There were numerous healed marks and scars and old healed injuries around her jaw area, muzzle and nose area,” Ms Rollo continued.
“The injuries were consistent with having been caused and inflicted by badger and fox.”
Ms Rollo went on to describe how the officers then found four-year-old Midge inside the house, also with facial injuries and scarring.
Both dogs were removed, given medical treatment and later rehomed.
Garland said Midge was his main working dog and claimed she had been bitten by a fox.
Ms Rollo said a search of Garland’s car found a bag containing two locating tracker collars and a locating box.
She explained: “Dogs are put into the entrance of a badger sett, or fox earth, with the intention of pursuing or bolting the animal.
“They are regularly fitted with electronic tracking collars. The box or tracking finder is then used to determine the depth and location of the dog underground.
“Once the dog’s location is known, a hole is dug from the surface straight down until the terrier and fox or badger is exposed and killed.”
The court heard that the injuries the dogs sustained were “severe” and there was no evidence that any surgical treatment had been given to treat them.
Ms Rollo said: “Both Midge and Muff had suffered unnecessarily because of their facial trauma and continued to suffer which was evident by the areas of scar tissue not completely healed.
“The dogs had suffered from their injuries for at least three months back from the date of examination.”
Dogs suffered over a prolonged period
Ms Rollo went on to say vets had examined the dogs and one concluded: “Both dogs had facial injuries consistent with repeated episodes of face-to-face combat with wild animals.
“While some of these injuries may have been fox-related, the more severe facial injuries including lower lip avulsions, missing and damaged teeth and nasal trauma and disfiguration, as seen in Midge, were more consistent with badger injuries – a result of strong tearing forces when the badger fights back when face to face with the terriers, using teeth and claws.
“As there were wounds of differing ages and they were multiple in nature, it is likely that there was a failure to protect these animals from pain, distress and suffering over a prolonged period.
“The wounds would be extremely painful and would require veterinary attention for pain relief and likely antibiotics at the time they were sustained. These wounds would cause unnecessary suffering and the level of suffering would be severe.”
Text messages about dog’s agonising death
Ms Rollo then told the court that no phone was found during a search of Garland’s house, but a phone belonging to one of his associates was analysed and messages from Garland were discovered.
One conversation read:
Garland: “I lost my big black dog today, broke its jaw and got pulled right back to his throat”
Associate: “Did he still stick with it until the end?”
Garland: “Yes he bolted it, two and a half hours he was in.”
Associate: “He went out on a high then, just a big gap to fill now.”
Ms Rollo told the court this related to the death of a dog by a badger.
Garland was charged with keeping three dogs for animal fighting, and twice causing unnecessary suffering to two dogs – and failing to get veterinary treatment for them.
Death threats from animal rights activists
Garland’s defence agent, Stuart Flowerdew said his client had been working hounds and terriers to control foxes.
He said: “The other 28 dogs at his property were in immaculate condition – he is well known for being good with dogs.
“He feels deep shame that he became involved in this matter and cannot explain why he did.”
Mr Flowerdew said Garland had been targeted by animal rights activists and had received death threats.
Sheriff Olga Pasportnikov said it was “reprehensible” to cause unnecessary suffering to animals.
She handed Garland, now of Morelands Crescent, Huddersfield, 200 hours of unpaid work as a direct alternative to custody and banned him from owning or working with animals for 10 years.
SSPCA reaction
A Scottish SPCA spokeswoman said: “We are satisfied that Garland received a 10-year ban on owning and keeping all animals though we had hoped for a custodial sentence.
“Both Midge and Muff suffered horrendous injuries that were left untreated and clearly caused them pain and distress over a long period.
“Midge and Muff have since been rehomed and are living the life they deserve.
“If anyone is concerned about an animal, they can contact our confidential animal helpline on 03000 999 999.”