Council defends decision to prosecute "orange peel" littering case

Broxbourne Borough Council has defended itself for unsuccessfully prosecuting a man who dropped orange peel in a street.

The case reached the local magistrates’ court, which ruled that while Luke Gutteridge had dropped the peel it could not be certain he had discarded it, an essential part of the offence.

A council statement said an enforcement officer saw Gutteridge drop a whole orange peel on the ground. But Gutteridge said he picked up the peel before being issued with a penalty notice, and so argued he had not discarded it.

The council said it considered asking the magistrates to state a case for determination by the High Court “because their finding clearly ran contrary to the evidence presented, but determined that the further costs on this relatively minor misdemeanour could not be justified”.

Broxbourne noted that no costs award was made against it, as could have been if the magistrates felt the council had acted improperly, unreasonably or negligently in bringing the prosecution.

Gutteridge’s costs will be met from central court funds and were unlikely to exceed £1,000, the council noted.

The council said it had expected to win the case and that it passed the test for a prosecution.  “It was in the public interest and there was a likelihood of a conviction,” the statement said.

“It should be made clear that taking this case to court did not result in any additional cost to local taxpayers. Only officer time was spent on administering the case.”