Kelly Brook’s ex-Gladiator boyfriend pleads guilty to crashing van full of dead badgers into bus stop while working as marksman in government cull
David McIntosh, 28, is known for appearing in Gladiator as ‘Tornado’
He’d been employed to kill the creatures and take them for disposal
But he swerved and smashed into bus stop while driving to furnace
McIntosh lost control when a radio fell under the brakes, court hears
By Mark Duell
12 March 2014
Kelly Brook’s muscular on-off boyfriend crashed his van carrying a load of dead badgers after falling asleep at the wheel while on a controversial animal cull, it has been revealed.
David McIntosh, who is known for appearing in TV series Gladiator as ‘Tornado’, had been employed to kill the creatures and take them for disposal as part of the badger cull in Gloucestershire.
But as the 28-year-old former Royal Marine drove his VW Transporter van to a furnace in the middle of the night, he swerved and smashed into a bus stop, the court was told.
Former couple: Kelly Brook’s on-off boyfriend David McIntosh (pictured together on Monday) had been employed to kill badgers and take them for disposal as part of the badger cull in Gloucestershire
He claims to have lost control when a radio – which police used to pass on intelligence about the location of anti-cull protesters – fell under the breaks, Stroud Magistrates’ Court heard.
McIntosh crashed after falling asleep during the night shift in Gloucester city centre just before 1am on September 29. He admitted driving without due care and attention and not having a valid licence.
Passenger John Parker – who suffered bruised ribs, thigh, face and wrist in the crash – told the court he was checking Facebook on his phone when he felt the van change direction.
Reading Mr Parker’s statement, prosecutor Graham Dono said: ‘I looked up after feeling the vehicle change direction to see a bus stop.
‘I can’t say if he was asleep on not, but when I looked at David both of his hands were on the wheel, but his head was on his chest. I believe his eyes were shut.’
McIntosh, of Altrincham, Cheshire, had been employed by a private culling company which had been awarded a cull licence by Natural England.
Making their point: Anti badger-cull protestors outside Stroud Magistrates’ Court where McIntosh was fined
The court heard he had managed to get the job despite having his licence for that class of vehicle suspended for running a red light in 2005.
Mr Parker said during the incident he shouted and grabbed the wheel, shocking McIntosh into action, who hit the accelerator and smashed into the bus shelter.
‘I was carrying badger carcasses to the furnace as I was involved in the cull’
In a statement read out in court, McIntosh, a former Royal Marine driver said: ‘I was carrying badger carcasses to the furnace as I was involved in the cull.
‘The radio was always kept in the vehicle on the dashboard so we could easily hear and keep up with police as to where the protesters were. It was blocking the clutch and the break.
‘Before I retrieved it I was heading off the road. I started to break but it was too late.’
District Judge Joti Bopa-Rai said: ‘It is either that he has fallen asleep or been distracted.’
Unemployed McIntosh was fined £91, plus a £20 victim surcharge and £30 prosecution costs. He was given six penalty points.
Scene: The bus shelter in Gloucester which was damaged when a van load of culled badgers crashed into it
He claims to have lost control when a radio – which police used to pass on intelligence about the location of anti-cull protesters – fell under the breaks, Stroud Magistrates’ Court heard
McIntosh crashed after falling asleep during the night shift in Gloucester city centre just before 1am on September 29
McIntosh is a British TV personality, model, bodybuilder and former ‘security operative’.
He has served in Afghanistan, Northern Ireland, Somalia, and the Persian Gulf. He was deployed to Afghanistan in October 2008 for six months.
McIntosh, who was allegedly dumped by Brook for being too fame-hungry – something he denies, was pictured together with her heading to her London bar Steam & Rye on Monday night.
‘It is either that he has fallen asleep or been distracted’
District Judge Joti Bopa-Rai
Around a dozen anti-cull protestors attended the hearing and waved placards outside court.
They were angered an alleged ‘collusion’ between the police and cull workers via radio, and also that McIntosh was able to get a job without a valid licence.
Steve Tomlin, 64, who spent 100 nights out in Somerset and Gloucestershire during the cull, said: ‘Why wasn’t he breathalysed? This is a case of a politically motivated blind spot.’
Jude Walker, 58, of Gloucestershire Against Badger Shooting, added: ‘It certainly goes against what we have always been told about the police being even handed. And what happened to the badgers?’
The address given in court for McIntosh in Greater Manchester matches the business of his company, Next Generation Fitness Ltd.
Relationship: McIntosh, 28, is known for appearing in TV series Gladiator as ‘Tornado’ (left). Brook, his on-off girlfriend, is pictured (right) modelling Ultimo underwear
Kelly has previously posed for campaigns for People for the Ethical Treatment of Animals (Peta) – who opposed the cull. Spokesmen for McIntosh and Brook both refused to comment.
Natural England authorised two pilot culls of badgers, which was paid for by the farming industry.
A spokesman for the public body said that it issued licenses to culling companies which in turn employed their own marksmen. He added: ‘Daniel McIntosh is not a Natural England employee.’
The court heard the van was travelling from Tewkesbury to Maisemore in Gloucestershire.
McIntosh contacted the DVLA after the incident and was told his licence was revoked in 2005 for going through a red light, it was said.
His letter to the court said: ‘I have had numerous hire cars and have been stopped by police for random checks and not once was it flagged up.’
District Judge Rai said: ‘I have heard that this was part of the badger cull operation. I have to exclude anything to do with the badger cull. I am looking at the driving of an individual.’
Neither Mr Parker nor McIntosh were in court.
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