TWO men have been spared jail after they were found guilty of a badger-baiting incident in which a dog was forced into a sett and attacked.

The black terrier, called Blackie, was put into a sett in woods near Catterick, in North Yorkshire, in September 2008.

Mark Howells, 28, of Taransay Walk, Darlington, was prosecuted by the RSPCA over the incident, along with friend Donald Blair, 30, of Walnut Avenue, Colburn, North Yorkshire.

The pair appeared at Northallerton Magistrates’ Court for sentencing yesterday.

They were earlier found guilty of animal cruelty, interfering with a badger sett and putting a dog into the sett.

Both were given 12-week jail sentences, suspended for two years and banned from keeping dogs for two years.

They will also each have to carry out 200 hours of unpaid community work and pay £300 towards court costs.

The dog involved in the incident was given to the RSPCA and has made a full recovery.

Clive Rees, in mitigation for both defendants, asked magistrates to consider suspended prison sentences or community service.

Mark Rasbeary, from North Yorkshire Police, who worked with the RSPCA on the case, said: “This case shows how seriously the courts take offences of this nature. North Yorkshire Police will actively pursue all forms of criminality, including wildlife crime.”

At their trial, in October, Howells and Blair were cleared of a third charge of putting a ferret into a badger’s sett.

Gamekeeper Neil Clark told the trial he had seen three men beside a badger sett on September 20, 2008.

The third man has never been traced.