Medical defence goes up in smoke

A SMOKER charged with dropping a cigarette butt claimed a rare disease meant she was unaware she had littered the pavement.

Karen Daubney (41) of Cottage Gardens, Oldham, pleaded not guilty at Oldham Magistrates Court and claimed Buerger’s disease — a rare condition in which blood vessels swell and become blocked — sometimes meant she could drop things without realising, since the condition makes the hands and fingers numb.

The court heard the littering was witnessed by enforcement officer Philip Buckley, on patrol outside shops near Birches Parade

He saw her park, then throw her cigarette out of the driver’s window. She refused to give him her name.

Daubney, defending herself, argued she was “frightened” by the officer and refused to give her name because she wasn’t sure who he was. Mr Buckley gave her fixed penalty notice.

The council didn’t receive payment and legal proceedings began.

District Judge Qureshei said the case should have been resolved much sooner than his court.

“It has been blown out of all proportion,” he said.

He said that while he was sympathetic over her “worrying” condition, Mr Buckley had acted properly.

She was given an absolute discharge but ordered to pay £50 costs.