Illegal burning charges dismissed

Three charges laid against a Central Otago man after he allegedly lit a bonfire to burn tyres, microwave and convection ovens, washing machines, furniture and scrap metal were dismissed yesterday because of his ill-health.

The man, whose name was suppressed by Judge Brian Dwyer, appeared in the Alexandra District Court to defend the charges, which stemmed from a bonfire on August 6 last year.

The Otago Regional Council prosecuted, alleging the man broke regional air plan rules in discharging contaminants into the air from outdoor burning.

The charges alleged tyres, microwave and convection ovens, corrugated iron, washing machines, a steel drum, a bike, chair and other furniture, heaters, scrap metal and plastics were burned in the fire.

Judge Dwyer said the maximum penalty on each charge was $300,000.

If the defendant had been convicted, considering the seriousness of the charges, he was likely to face a fine of $10,000 to $15,000.

The man had no money to pay a fine, if he was found guilty.

Advice from medical professionals dealing with the defendant said he was in the ''end-stage'' of liver disease and without a liver transplant, his future was bleak, Judge Dwyer said.

The defendant's ill-health was such that it inhibited his chance of receiving a fair trial and it would be ''inhumane'' to proceed, the judge said, dismissing all charges.

He had no criticism of the council in bringing the charges.

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