A HOUSEPAINTER who destroyed two birds nests - each full of chicks - was fined £75 by magistrates in Cheltenham on Monday.

David Schofield, aged 58, of Hudson Close, Pershore, pleaded guilty to an offence against the Wildlife and Countryside Act.

Mr David Glass, prosecuting for the RSPCA, told the court that on August 16 last year two house martins' nests, each with chicks in them, were handed to staff at the Vale Wildlife and Rescue Centre in Beckford.

They discovered the nests had come from a house in the village which was being redecorated by Schofield.

When he was later questioned by an RSPCA inspector, the decorator said one nest was high in the eaves of the house and the other was outside a first floor bedroom

After discussing the situation with the house owner, he took down the nests and it was only then he realised there were chicks in them, he said.

"He placed one of the nests in a bird box and put that on top of a chimney but the parents failed to return to feed the chicks," said Mr Glass.

"He later took the birdbox to the animal sanctuary and his employer's daughter took the other nest there but all the chicks died." He added that when Schofield took down the second nest one of the chicks fell into a half empty paint pot.

Schofield told the court: "The house owner asked for the nests to be taken down so that I could get on with the work.

"All the chicks were alive when they were left at the rescue service."

Schofield was also ordered to pay court costs of £104. After the case Schofield said: "I was flabbergasted when the RSPCA came to see me.

"I could have chucked the nests over the hedge into the field and no-one would have been any the wiser.

"But I have been taken to court because I care for animals and birds and in this case I tried to do my best for them by taking them to the Vale Wildlife Centre. "It is a sham, I should not have been there."

RSPCA spokesman Jo Cunningham said: "The decision to prosecute was taken because Schofield, a painter and decorator with 22 years' experience, should have been aware of the law regarding nests.

"He removed a second nest having already removed one nest and discovered it was still active. This should also act as a warning to anyone else in the same position."