THE first person to be prosecuted for failing to recycle household rubbish was cleared of any offence yesterday after magistrates decided that there was insufficient evidence to convict.

Donna Challice, 31, a mother of three, had denied that she was responsible for repeatedly leaving rotting food in a green recycling bin intended for items such as cans, paper, plastic bottles and glass.

Mrs Challice denied six counts of contaminating the recycling bin and claimed that the food waste was put there by passers-by while the bins were on the street awaiting collection.

The decision by magistrates could have implications for other councils trying to persuade householders to sort their waste before putting it in the appropriate bins. Exeter City Council, which brought the prosecution, called for a change in the law to make it easier to get a conviction. The court was told that Mrs Challice was one of a number of residents who were sent warning letters by Exeter City Council alerting them of fines of up to £1,000 for failing to separate items for the green recycling bins. Council officials made several inspections of Mrs Challice’s bin and on every occasion found food waste, including discarded takeaways, contaminating the recyclable items.

However, Frances Eastwood, the chairman of the bench at Cullompton Magistrates’ Court in Devon, said that the council had failed to prove beyond a reasonable doubt that it was Mrs Challice who was responsible for putting the food waste into the bins.

Mrs Challice had repeatedly told council investigators that neither she nor her children, Warren, 14, Kimberley, 12, and Ryan, 10, had put the food into the bin outside her home in Hazel Road, Exeter.

Mark Shell, her solicitor, said: “Who put the items in the bin? We do not know. It is not our problem. It is the Crown who have to satisfy the court that it was the defendant.”

After the case Mike Trim, the Exeter City Council recycling officer, said: “We will have to look at the implications for us and other local authorities. It will be hard to bring cases like this if there has to be direct evidence of an individual contaminating a recycling bin.

“It’s hard to see how you can carry out surveillance practically on what people do in their own homes and their own back gardens. This case shows the Act is not working in its current form.”

He said that the council would continue to enforce the recycling regulations. He added: “The cost of this case to the council is about £5,000 to £6,000, but it has been worth it because the cost of contamination to us each year is £100,000.”

Mrs Challice left court without making any comment but Mr Shell said that she was delighted at the outcome.

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