June 23rd in Current Affairs, Mike Blouse, National, News by Editor .

Council Sweet Wrapper Prosecution "most inappropriate set of proceedings I've personally ever, ever seen" says Judge

That such ridiculous proceedings have arisen in this day and age should not surprise us. Disproportionate use Total and utter abuse of powers by little despots in local councils is a well recorded phenomenon. Take our article last week on Terror Law Abuse – councils spying on people for such minor issues as bin contents, failing to pick up dog mess, and littering are worryingly common these days.

Larissa Wilkinson, a 19 year old art student, has been charged with …

Charles Tyrwhitt UK
 

That such ridiculous proceedings have arisen in this day and age should not surprise us. Disproportionate use Total and utter abuse of powers by little despots in local councils is a well recorded phenomenon. Take our article last week on Terror Law Abuse – councils spying on people for such minor issues as bin contents, failing to pick up dog mess, and littering are worryingly common these days.

Larissa Wilkinson, a 19 year old art student, has been charged with depositing controlled waste after toddler Lila Henderson dropped a mint wrapper out of her car window as she was driving in Huddersfield! Miss Wilkinson was prosecuted by Kirklees Council through the courts over the course of 15 months. After three appearances at a magistrates’ court, and one at a crown court, common sense prevailed when Judge Roger Scott stepped in to prevent the case going before a jury at an estimated cost of £10,000.

Judge Scott said: "It’s the most inappropriate set of proceedings I’ve personally ever, ever seen and it’s a fantastic waste of community charge payers’ money ". "This was a grotesque misuse of the powers of the authorities to proceed on indictment for dropping a sweet wrapper ."

He added "Can you explain to me why this charge was ever brought against this lady – she has dropped a single sweet wrapper ?" "Is it controlled waste? I’ve looked it up and I don’t see how you could possibly argue that it was controlled waste ." "I cannot for the life of me see it’s appropriate ."

Despite being on the receiving end of that lot; in a display of pure bloody-minded defiance, a spokesman for Kirklees Council said that the judge’s words had "been noted " but stood by the decision to prosecute – "There can be no doubt that rubbish thrown from vehicles contributes greatly to the defacement of our streets and is a problem local authorities need to address ," he said, "Miss Wilkinson was charged with an offence because by virtue of Section 33 (5) the person in control of a vehicle is liable for waste thrown from that vehicle whether they threw the waste out or not ."

Something about the word rather than the spirit of the law?

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    June 23, 2009
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