Timber giant Gunns Ltd yesterday refused to comment on the Kingborough Council decision to prosecute the company for illegally clearfelling a coupe at Middleton. In a brief statement, Gunns executive chairman John Gay said he "was not yet fully informed about the council's resolution". And he said he would handle issues "in the correct way through the correct legal processes". On Monday night, the Kingborough Council voted to prosecute Gunns for clearfelling the 259ha coupe at Middleton without a permit. The decision follows a $50,000 fine imposed on Gunns earlier this month by the Forest Practices Board for environmental damage. Meanwhile, Kingborough Mayor Don Hazell confirmed yesterday that a company owned by his sons clearfelled the Middleton coupe for Gunns. Cr Hazell said Hazell Bros, which is owned by his three sons, was the contractor. On Monday night, Cr Hazell declared a pecuniary interest and left the room. The council voted 10 to one to prosecute Gunns, Cr Noel Bowman being the only dissenter. The coupe straddles Kingborough and Huon Valley municipalities and Huon Valley earlier this month gave Gunns retrospective approval. On Monday the Kingborough Council unanimously approved a development application from Gunns for future management of the site - subject to 29 conditions. The conditions specify use of 1080 and other poisons and chemicals, and require an extensive monitoring program at Gunns' expense.