Developers destroyed habitat of protected Hampshire dormice, court hears

Knightsgate Ltd, based in Whiteley, was redeveloping a site in Botley Road, Swanwick, when four dormouse habitats were trashed as the site was dug up.

The work had been given to a contractor, 27-year-old James Rolph from Alma Lane, Upham.

When Fareham Borough Council found out about the damage, done between March 6 and 14 last year, and subsequently contacted the police.

At Portsmouth Magistrates’ Court, both Rolph and Knightsgate pleaded guilty to one count of destroying a breeding site or resting place of a wild animal of a European protected species.

The court heard that Kinghtsgate director Samuel Heathorn was sat in the hallway outside the courtroom, but did not enter.

The case for Knightsgate will be dealt with by Portsmouth Crown Court next month, but Rolph was sentenced by district judge Daniel Sternberg today.

He said: ‘You were contacted by Knightsgate to carry out this road in Botley Road.

‘You used a large machine to rip up the hedgerows and shrubs then set fire to them, in accordance with what you were instructed to do.

‘But you pleaded guilty today so will be sentenced on that basis.’

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In mitigation, the court was told that Rolph did check for tree preservation orders, but was not made aware of the protection orders for the dormouse habitats on-site.

Defending Rolph, barrister Richard Griffiths said: ‘He wouldn’t have started work if he had even the slightest inclination that there were issues.

‘He was simply told to clear the site because it required a security fence.

‘In his own words, he would be ‘mad' to start working on the site if he knew about this.’

With no guidelines in place for crimes of this kind, Judge Sternberg told Rolph he would not be facing a custodial sentence.

Instead, he was fined £1,000, with a victim surcharge of £100 and £85 court costs.

He has 28 days to pay this amount in full.

Knightsgate will face its company sentence on November 20 – with Judge Sternberg insisting that today’s proceedings must not influence what happens next month.

A message from the Editor, Mark Waldron

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