TWO Nelson men have become the first in the county to be prosecuted under the Hunting Act 2005.
They were arrested after being found near a badger sett with three dogs, one of which had a blood-stained muzzle.
But Blackburn magistrates heard that the men had been hunting rabbits, a fact accepted by the prosecution after items of clothing and equipment had been sent for forensics examination.
And defence solicitor Granville Rueley said it should have been clear that the men were not hunting badgers because two of the dogs they had with them were lurchers.
"These dogs are simply not used for hunting badgers, they don't go underground," said Mr Rueley.
John Ryan Greenwood, 29, of Hammond Street, and Daniel Frank Anness Graves, 21, of Waidshouse Road, pleaded guilty to hunting rabbits with dogs.
Graves was fined £50 and Greenwood £100 and both were ordered to pay £95 costs.
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