The Council does not generally comment on individual cases, but in this case, the

facts are that Luke Gutteridge intentionally dropped a whole orange peel, not a piece
the size of coin as suggested, and left it on the ground.
He was observed by an Enforcement Officer who, being satisfied that an offence had
been committed, approached him with a view to issuing a Fixed Penalty Notice.
Before the officer could do this, Luke Gutteridge went and picked up the orange peel.
He argued that he had not discarded it because he went to pick it up before being
issued a ticket.
The court found that he had obviously dropped the orange peel but could not be
satisfied beyond reasonable doubt that he had discarded it.
The Council considered asking the Magistrates to state a case for the determination
of the High Court because their finding clearly ran contrary to the evidence
presented, but determined that the further costs on this relatively minor
misdemeanor could not be justified.
Costs were neither sought nor granted against the Council and it is important to note
that a similar complaint to the local government ombudsman by Luke Gutteridge was
adjudged to be without merit.
Costs were awarded to the defendant from central court funds and while the exact
amount is a private matter for those who administer legal aid funding, the scope of
the award is likely to be very modest probably under 1,000.
If the defendant had made an application for costs against the Council, it would have
failed as the court can only make such an award if the Council had acted improperly,
unreasonably or negligently in bringing the prosecution.
The court did not find the Council or the Enforcement Officer to be at fault.
At all stages, the case was kept under review and passed the test for a prosecution.
It was in the public interest and there was a likelihood of a conviction. The
Magistrates decision was that they could not be satisfied beyond reasonable doubt
that the defendant had discarded the orange peel an essential part of the complete
offence. They were satisfied that he had dropped the orange peel. If there was any
feeling that the prosecution was a waste of tax payers money, it would have been
addressed by the sanction of costs against the Council.
The Council fully expected to win this case and believes a different outcome should
have been reached.
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. This
includes dealing with the complaint to the ombudsman, which was dismissed, and the
court case.
The Council would be delighted if people stopped littering and it was unnecessary to
issue fines to persuade people not to do so. The majority of our residents are proud
of their local area and we will therefore continue to take all offences of littering
seriously and will work hard to keep the Borough clean and pleasant for its residents
and visitors.