CONTROVERSIAL plans to carry out a mass cull of badgers as part of efforts to control bovine TB in Wales were upheld today.

A legal challenge aimed at overturning an order making the cull possible in West Wales has failed.

The Badger Trust turned to the courts last month to instigate a judicial review of the Welsh Assembly Government decision to approve the cull.

Rock star Brian May was among a mass of protesters who backed the animal charity's opposition and spoke out publicly against the plan.

He spoke of his disappointment at the decision today but warned the battle to overturn the TB Eradication Order (Wales) 2009 will continue.

"This is a disappointment, of course. But not just for thousands of innocent badgers,’’ he said.

"The irony is that it is ultimately a tragedy for farmers too - the very farmers who have been pushing for badgers to be culled.

"The decision to cull cannot lead to any significant long-term gain in the fight against bovine TB, even with the complete extermination of our native badgers.’’ He added: "I believe all this will be seen in a few years time for what it is... a tragic wrong turn which did nothing to solve the problem of TB in cattle.

"For the sake of all involved, we will not be giving up the fight for what is right. We are taking advice on appealing at a higher level.’’ The judgment today came after a two-day hearing before Justice Lloyd Jones at the Swansea Civil Justice Centre last month.

The hearing heard arguments on both sides but was also held to judge whether or not a judicial review would be granted.

Sitting at the Cardiff Civil Justice Centre today, Justice Lloyd Jones said he granted permission to apply for a judicial review, which he then went on to refuse.