A MAN who was caught and fined for throwing a cigarette butt from his car window said he would fight his punishment “all the way” because it was biodegradable and therefore not litter.

Vincent Tyrell of Marcham, near Abingdon, said he was “absolutely gobsmacked” when he was found guilty of littering after an appearance at Didcot Magistrates’ Court.

The 42-year-old was given a £75 on-the-spot fine after a Vale of White Horse District Council officer saw him flick the roll-up cigarette butt from the window of his VW Golf in Ock Street, Abingdon, in January.

Mr Tyrell, of Haines Court, is refusing to pay the fine, claiming his roll-up was not litter as it had no filter and was biodegradable.

As he refused to accept responsibility, the Vale council said it had no alternative but to prosecute.

Last week, magistrates agreed that cigarette ends, when not disposed of properly — even without a filter, should be considered as litter.

They fined him £85 with £260 costs.

Mr Tyrell, who says he has now quit smoking because of the case, pleaded not guilty.He said: “I think it is a total joke. Unbelievable.

“I intend to fight this all the way and will not be paying the fine.”

Mr Tyrell, the managing director of AMP facilities management company, on the Radley Road industrial estate, said: “I hate littering.

“I am extremely environmentally-friendly and if I thought a roll-up cigarette end was litter I would put it in the bin.

“But it is not. It is bio- degrable.

“I can’t smoke at my home as I live in housing association accommodation and I can’t smoke at work.

“The only place I could smoke was in my car and I can’t do that any more. So I have quit.”

Mr Tyrell was caught when the council employee reported the incident to environment enforcement officers, who were able to confirm the registered owner of the vehicle was Mr Tyrell.

In court, Mr Tyrell maintained his cigarette was not litter.

But Vale solicitor Suzanne Green argued that the law said smoking-related litter such as cigarette ends should be regarded as litter — and there was nothing distinguishing between cigarette ends that have a filter and those that do not.

A spokesman for Keep Britain Tidy said they did not know how long it would take for a cigarette with no filter to biodegrade.

But the spokesman added it was still classed as litter because of the chemicals and toxins it would continue to release into the environment.

l At the same court session, Britain Harris, of Coopers Lane, Abingdon, pleaded guilty to the same offence of littering, after being caught leaving a cigarette end in Market Place, Abingdon, in December last year.

A council environment warden issued him with a £75 on-the-spot fine, but he refused to pay it.

Magistrates fined him £65 and £130 costs in his absence.

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