Lorraine Hutton accidentally broke one of the legs off her neighbours’ garden gnome when she moved it from a communal pathway outside her flat, but she has now hit back at the decision to prosecute
22:52, 08 Jun 2025Updated 22:52, 08 Jun 2025
The garden gnome suffered a broken leg(Image: BNPS)
A Grandmother has slammed the decision to prosecute her for damaging her neighbour’s garden gnome during a rights of access row.
Lorraine Hutton accidentally broke one of the legs off the 18ins tall ornament when she moved it from a communal pathway outside her flat. Mrs Hutton said she apologised to owner Lilijana Cekauskiene and posted £20 through her letterbox to cover the damage, but her neighbour insisted on calling the police.
The 66-year-old was asked to attend a formal interview at a police station before being charged with criminal damage. She appeared in court three times, including for a three hour trial over the trivial matter.
She said it was “embarassing” to go to court(Image: BNPS)
The 15 month saga concluded with Mrs Hutton being found not guilty of criminal damage.
She has now criticised the police and CPS for allowing the matter to go to court and for wasting taxpayers’ money.
It is likely the case cost several thousands of pounds as Mrs Hutton says she received legal aid and required a psychiatric assessment before going to court.
A Lithuanian interpretor costing £55 an hour was required for Mrs Cekauskiene.
The CPS has insisted the case was in the public interest.
Mrs Hutton said: “This has just been an enormous waste of time and public money.
“We have been to court three or four times for this case. I have never been in trouble with the police in my life and for people of my generation to have to go to court is embarrassing.”
The neighbours got into an argument over plant pots blocking access to the communal garden
Mrs Hutton, who suffers from arthritis, moved into the garden flat of a converted house in Springbourne, Bournemouth, with husband Michael, 67, in 2019.
Mrs Cekauskiene and her husband Arunas have lived in the upstairs flat for nine years.
Both properties share a pathway that leads to the communal front door.
In the past, the two neighbours put out various plant pots and decorations, included the white-bearded garden gnome, to brighten up the grey concrete pathway.
The gnome incident happened on March 6, 2024.
Mrs Hutton claimed that Mrs Cekauskiene moved her pots next to the ceramic gnome, forcing her to move them back.
As she did she accidentally picked up and dropped the gnome, causing its lower right leg to snap off.
Catherine Lickley, defending, said: “Moving a garden gnome is not reckless and yet the complainant reported her to the police.
“If anything Mrs Hutton is negligent and if she is negligent then she is not guilty.”
In finding her not guilty Paul Rose, chair of the magistrates, said: “In my 35 years I have never dealt with garden gnomes before.
“You are previously of good character and I believe this was not done provocatively.”
Afterwards a spokesperson for Wessex CPS: “It is not the Crown Prosecution Service’s function to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for a court to consider.”
A spokesperson for Dorset Police said: “We will always carry out an investigation into reported criminal damage incidents irrespective of the type of damage alleged to have been caused.”
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