A FISHERMAN has made legal history after a fly-tipping charge against him was cast out of court when he proved he was using old tyres to catch crabs.
For more than 60 years the fishing fraternity has been using rubber tyres as a traditional method of trapping crabs to use as bait, which is not illegal.
But when Gavin Hall was spotted by an off-duty policeman placing tyres in Jarrow's River Don, on April 1 this year – he found himself hauled before South Tyneside Magistrates' Court charged with fly-tipping and littering.
The 22-year-old's case attracted interest from fishing enthusiasts nationwide – as it would have had made the age-old tradition illegal, had he been found guilty.
But following a day-long trial, Mr Hall was cleared of all charges after magistrates ruled he did nothing wrong.
"I'm so relieved because it would have had severe consequences for our sport," said Mr Hall, from Waverdale Way, South Shields, speaking after the case.
"It should never have been brought to court."
The court heard how Pc Mark Furlong, who was off-duty at the time, was walking a police dog near Jarrow Slake when he saw Mr Hall unloading 12 tyres from a van near the riverside.
But despite Mr Hall telling Pc Furlong he was putting the tyres out to catch crabs, the officer told the fisherman to stop what he was doing and called for back-up.
Charlton James Carr, defending, told the court how Mr Hall was summoned to appear at court following a review by the Crown Prosecution Service (CPS), who ruled the case "was in the public interest".
Mr Hall told magistrates: "I was just putting the tyres out so I could catch crabs to use as bait for fishing.
"All the anglers in the country do it. If you look at the riverside you will see thousands of tyres."
Mr Hall, a joiner, said he picked up the old tyres from a local garage.
Sarah Guest, prosecuting, claimed Mr Hall was "dumping" the tyres on the garage's behalf.
Fishing enthusiast Les Weller, secretary of Amble Sea Angling Club, told magistrates it is "common practice" for fishermen to use tyres to catch crabs.
He said: "It is a fisherman's right to collect crabs from the sea, you don't need permission.
"Using tyres and pipes has been common practise for as long as I can remember. It is not unusual for a fisherman to have 50 tyres out at one time.
"Using tyres to catch crabs is no different than using a lobster pot."
Speaking after the case, Mr Weller said: "This decision is a victory for common sense.
"The whole fishing community, from Newcastle to Devon, was amazed that anybody had actually been taken to court for this.
"I have no criticism of the police because they just saw someone throwing tyres in the river, but my criticism is the prosecution, who decided that this should be brought to court.
"Now the public purse has to pay for the legal costs. But at least now we have some case law for other fisherman to use as a defence for littering and fly-tipping. This decision will be welcomed nationally by the angling community."
Mr Carr, of Graeme Cook Solicitors, added: "The magistrates have made an utterly sensible decision.
"The ramifications for the amateur fishing community would have been tragic. It would've effectively ruined the largest participation sport in the country."
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