A businessman who terrorised two grey seal pups with a large wooden stick at a picturesque Scots harbour has been ordered to pay a fine.
Richard Montgomery used an eight foot fence post to ‘prod and push’ the vulnerable animals back into the sea at the harbour in North Berwick, East Lothian, last year.
Montgomery, 62, forced one of the seals to jump around 10 feet into the water and was said to have left the second young animal ‘screeching’ and showing ‘clear signs of distress’.
The shocking incident was halted when office workers ran from their workplace to confront the man who quickly left the scene on his pushbike.
The police were alerted and Montgomery – who runs a golf hospitality tour business – was arrested and charged and he appeared at Edinburgh Sheriff Court on Friday.
Montgomery claimed he was attempting to help the seals back into the water but his actions were slammed as ‘inept and ignorant’ by a sheriff and ‘ill-judged and ill-informed’ by prosecutors.
He pleaded guilty to a charge of conducting himself in a disorderly manner by harassing two grey seal pups by poking and pushing them with a piece of wood that resulted in one seal jumping eight to 10 feet into the sea and he did commit a breach of the peace at North Berwick harbour.
Prosecutor Iain Batho told the court the two seal pups, said to be aged six and eight weeks old, were being monitored by a member of the British Divers Marine Life Rescue for around one week before the incident.
Mr Batho explained to the court when seal pups leave their mother they usually find dry land for a short time where they have to shed their baby fur before they can safely re-enter the sea.
The court heard Montgomery had been cycling past the area when he stopped and approached the seal pups at around 3.25pm on November 24 last year.
Montgomery said he had not struck the seals with the fence post but had been attempting to ‘cajole them’ back into the sea
One of the seal pups that was spotted at the harbour in North Berwick, East Lothian, last year
Mr Batho said Montgomery picked up the fence post and use it to ‘prod and push’ one of the seal pups towards the edge of the harbour walkway forcing it to jump eight to 10 feet into the water.
Montgomery, of North Berwick, then used the large stick to push the second seal from under a bench and the court was told ‘the seal attempted to run away but was pursued by the accused’.
The fiscal depute said the animal was heard making ‘screeching noises’ and had showed ‘clear signs of distress’ throughout its ordeal.
The court was told horrified office workers rushed out to confront Montgomery and he fled the scene on his bike.
He was later traced and during a police interview said: ‘I caused no harm to their skin or bodies and the wooden post was used to prod them and not harm them in any fashion.’
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Solicitor John Good, defending, said his client is a former deep sea diver and currently runs a company organising hospitality tours for foreign visitors to Scottish golf courses.
Mr Good said Montgomery had not struck the seals with the fence post but had been attempting to ‘cajole them’ back into the sea.
The lawyer added: ‘He accepts this was not appropriate at the time. There had been no intention to cause any harm to the pups.’
Sheriff Derek O’Carroll described Montgomery’s behaviour as ‘extremely foolish’ and ‘very unpleasant’ and said his actions by wielding the fence post had been ‘inept and ignorant’.
Sheriff O’Carroll sentenced Montgomery to pay a fine of £1,000 to mark the offence.
Following the conviction, Mr Batho, who leads on wildlife crime for the Crown Office, said: ‘Whilst Richard Montgomery may have believed he was trying to help the seals, his actions were both ill-judged and ill-informed.
‘This incident understandably caused a number of members of the public who witnessed this incident to be extremely alarmed and upset.
‘COPFS takes the prosecution of wildlife crime extremely seriously and prosecutorial action will be taken if there is sufficient evidence, if it is appropriate and in the public interest to do so.
‘This case also highlights the impact that offences against wildlife can have on members of the public as well as the animals themselves and that appropriate action will be taken in relation to such conduct.’
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