Sir, - Very recently three cases brought under the Litter Act by a litter warden for "throwing cigarette ends out of car windows" were dismissed by a district justice because the warden had not produced the offending cigarette ends as evidence. At first glance this would appear to have been a reasonable demand for the court to make. After all, without the cigarette end there would be no offence.
However, if this decision is to be applied in every similar case, then in future we must expect to see the following items produced in evidence: used condoms; disposable nappies; soiled tissues; soiled tampons; soiled sanitary towels, etc.
If it is now legally necessary to produce a cigarette end as evidence of a litter offence, then any defending solicitor who does not insist on the same principle being applied will be failing in his/her duty. In addition, all wardens will have to be issued with plastic gloves and "tweezers sticks" to enable them to pick up the offending items of evidence.
I wonder if the district justice concerned fully appreciates the can of worms he has opened up? - Yours, etc.,
W.G.A. SCOTT, Friars Hill, Wicklow.