Derbyshire pensioner, 77, hauled before judge for dropping cigarette butt

Mario Berrelli was seen deliberately dropping the fag end outside Barnados in Clay Cross by an enforcement officer on March 8, Chesterfield Magistrates Court heard.

District Judge Jonathan Taaffe said it seemed “disproportionate” to have a 77-year-old gentleman in court for this matter”.

A prosecutor for North East Derbyshire District Council said Berrelli was “offered a fixed penalty notice” on the day of the offence.

However, he was summoned to court after not paying the fine despite being granted an extension due to being of “limited means”.

Berrelli, who had no legal representation, told the court he dropped the cigarette because there were “no ashtrays or stubbers in that whole area”.

He said: “I was looking for an ashtray but I got tapped on the shoulder and he said ‘I’m an enforcement officer’.

"It burned my fingers and I dropped it – I didn’t throw it.”

Judge Taaffe told Berrelli: “It’s incumbent on us all not to throw litter - litter is a scourge on our streets, car parks and countryside.

“I do wonder if the officer could simply have reminded you of your civic responsibility and asked you to dispose of it.

“It seems disproportionate to have a 77-year-old gentleman in court for this matter.”

Berrelli, of Holmgate Road, Clay Cross, admitted throwing litter.

He was handed a six-month conditional discharge, £100 court costs and a £34 victim surcharge.