Hefty fines for fly-tipping in the future, warns judge

Judge Graeme McKerrell made the comment in the Magistrate’s Court when sentencing two men for leaving items illegally next to the recycling bins adjacent to Mont Cuet.

Both cases had different circumstances but with a common thread that the men had left the waste next to the landfill site.

Had they done it in the countryside the penalties would have been in the thousands of pounds rather than hundreds.

The actions were captured on CCTV.

States’ Trading Assets deputy managing director Richard Evans said the court had sent a very clear message to anyone disposing of waste illegally.

‘We are disappointed with any instance of fly-tipping, so we are very pleased that these two incidents have resulted in successful prosecutions.’

Robert Bougourd, of 13, Rue de la Croix, Rue du Presbytere, Castel, was seen depositing a sofa, three back rests, three bases and metal poles, next to the bins from the back of his van just after 8pm on a Sunday.

He admitted it in interview and said he knew it was against the law. He had planned to remove the items the next day but needed his partner to co-drive his van. He had gone to work the next morning and forgotten about it.

Crown Advocate Chris Dunford said it would have cost £15 to dispose of the goods lawfully and the resulting investigation had cost £126.

The defendant had previous convictions but nothing for similar offences.

Advocate Sarah Morgan said her client always disposed of items lawfully. He had left the goods there that night as he had needed to create space in his van and he had intended to go back and remove them.

A £400 fine was imposed.

CCTV also showed Mark Edmonds, of Oasis, Les Hautes Landes, Vale, depositing a rabbit hutch from the back of his van in the same area at about 7.18am. He recycled bottles at the same time.

He too accepted his guilt and said he had placed a note on the rabbit hutch saying it was free for anyone to take away.

He told the court that the item was in perfect working condition and he had put it outside his home for a couple days beforehand in the hope that someone would take it.

Advocate Dunford said it would have cost £10 to dispose of and the investigation had cost £121.

The defendant had no previous convictions for the offence and his last for anything at all had been in 1998.

He told the court that it had been stupidity on his part and it was something he would not normally do. He produced receipts to the court which he said showed he spent about £1,000 each month on waste disposal.

Judge McKerrell said the £10 cost of disposal was a trifling amount given the defendant’s monthly waste bills and he had hoped that the rabbit hutch would have been reused.

This case was unusual and he suspected it might not be representative of things to come.

Circumstances were exceptional and he said the course of action he would take should not be seen as a precedent and he made no order.

The judge said these were the first such cases to come before the court in a little while. The island’s approach to handling waste was undergoing radical change and the court needed to be aware of the risk from people fly-tipping to avoid charges.