Nine months of legal hell just for dropping piece of orange peel!
HE had just eaten his orange and thrown the peel in the bin but this simple action landed him in a nine-month legal ordeal.
For Luke Gutteridge had not noticed that a piece the size of a 10p piece had fallen on the ground within sight of a litter enforcement officer.
The 29-year-old apologised and put the tiny offending bit of peel in the bin – but the officer still insisted on fining him £75.
Mr Gutteridge was infuriated by this overzealous attitude and the local council’s refusal to back down when he appealed. So he contested the fine all the way to court.
Magistrates acquitted him after being told it had to be proven that the act was deliberate for someone to be convicted of littering.
The case is likely to cost taxpayers around £8,000, made up of the council’s estimated £ 4,000 costs and Mr Gutteridge’s claim for his legal fees from central funds. ‘I couldn’t believe it. It was absolutely stupid,’ said Mr Gutteridge, of Potters Bar, Hertfordshire. ‘I hate litter louts and never thought I would have been classed as
one for accidentally dropping
a little piece of peel of which I was totally unaware. ‘I was told to put up and shut up by the council and asked why I hadn’t simply paid the fine by the council’s solicitor. ‘I chose not to take the easy way out as I had not intentionally dropped it and decided to fight my corner. I hate littering and was prepared to clear my good name at any cost.’
The saga began when the former salesman, who is now a golfer and has never been in trouble before, walked through Hoddesdon, Hertfordshire, last September after buying fruit and vegetables.
He had to endure two court appearances before being found not guilty on June 11 by magistrates in Stevenage. Government guidelines even cite orange peel as an example of where it is difficult to prove public interest for a prosecution and warn councils to be ‘mindful of how the public might perceive’ legal action.
Dr Michael Ramsden, a human rights lawyer who took up Mr Gutteridge’s case, said: ‘The council did not feel bound by any guidance or case law.
‘As far as the council were concerned, if you accidentally dropped anything then you should pay the price even if you were unaware and had no intention of leaving it.’
Dia Chakravarty, political director of the TaxPayers’ Alliance, said the ‘ludicrous case’ had wasted money.
She added: ‘It’s important people who litter are prosecuted but our authorities must exercise a bit of common sense and judgement in sorting out crime from accident.’ Broxbourne Borough Council said it went to court as the litter officer, employed by sub-contractors Kingdom, and Mr Gutteridge had different versions of events.