The first prosecution under a Waitaki District Council bylaw introduced a year ago which bans open fires in urban areas cost an Omarama man nearly $2000 in the Oamaru District Court yesterday.
Stephen Ross Turner (53), of Omarama, was caught on camera by his neighbour near a rubbish fire in a 44-gallon drum in August last year, but denied lighting an open-air fire in an urban area in breach of the council's urban fire prevention bylaw, which was introduced on July 1 last year.
After considering the evidence, Judge Paul Kellar convicted Turner, fined him $500, court costs $130, and ordered him to pay $1300 towards the cost of prosecution.
Because of Turner's not-guilty plea, the council had estimated that bringing the prosecution had cost it, and ratepayers, more than $6000.
The new bylaw makes it an offence to have an open fire in an urban area within 100m of a residence and carries a fine of up to $20,000.
Neighbour Michael Blackstock had complained frequently about Turner burning rubbish.
On August 19 last year, Mr Blackstock smelt smoke about 8.30am.
He went outside and saw smoke coming from just over the fence, estimating it was about 10m from his house.
He could not see over the fence, but got his digital camera and, holding it above his head, took photographs, one of which showed Turner close to the drum and holding something in his hands.
Mr Blackstock immediately emailed a copy of the photograph to the Waitaki District Council with a complaint about the fire.
The photograph had August 19 and 8.38am recorded on the image.
Turner denied lighting the fire on that day, saying that after working a night shift, he would have been in bed.
He disputed the date on the photograph, his defence saying it had either been altered, or the date incorrectly set in the camera.
However, the council had an affidavit from a computer expert that said the photo had not been interfered with or altered.
Judge Kellar said there was no doubt it was Turner in the photograph near the fire.
The issue was how reliable Mr Blackstock's evidence was and the date on the photograph.
Judge Kellar said he accepted both Mr Bloodstock's's evidence and the date and time on the photograph.
