Man arrested for lighting Guy Fawkes Night bonfire on village green under law dating from 1880s
By
Paul Sims
Last updated at 8:53 PM on 01st December 2008
Brett Duxfield, 39, was arrested for lighting a fire on Guy Fawkes night - breaking a law dating back to the 1880s
Bonfire Night on the village green at Elwick went off in the traditional blaze of glory. But Guy Fawkes wasn't the only sacrifice
Two days later, organiser Brett Duxfield was arrested, held at a police station for ten hours and charged with arson, for which the maximum sentence is life imprisonment.
He was taken from his home at 8am and had his DNA and fingerprints taken after police received a complaint that a 130-year-old bylaw banning fires on the green had been broken.
Mr Duxfield appeared before Hartlepool magistrates and was granted bail after the case was adjourned.
Last night the 39-year- old lorry driver said: 'This is a nightmare. I never thought this would happen.
'If you cannot have a village bonfire on a village green on November 5 - a tradition hundreds of years old - what is the world coming to?
'It's ridiculous and it means we have turned into a police state. It wasn't even me that lit the bonfire.'
The bylaw has usually been quietly ignored, but this year the parish council threatened to enforce it. Despite this, villagers went ahead.
Although the source of the complaint about the fire is unclear, many presume it came
from the council. Mr Duxfield's arrest has led to a huge row between villagers and the council.
A public meeting was held at the primary school and two councillors have resigned.
Annual tradition: The bonfire on Elwick Village Green on Guy Fawkes Night
One villager, Hilary Thompson, said: 'I'm appalled that Elwick Parish Council condones the arrest of a member of our community.'
Jack Harrison, chairman of the council, said they had sought legal advice and stood by their decision.
Guy Fawkes night had long been a feature at Elwick until 1994, when the ancient ban was last enforced because of rowdy behaviour.
Although the ban was never lifted officially, the celebrations returned four years ago and have passed off without incident, with families flocking to the green to watch the festivities.
Organisers even replace the charred turf.
Mr Duxfield, who lives in nearby Hartlepool, moved from Elwick three years ago but still visits the village to meet friends.
Entrenched in history: An archaic bylaw forbids the lighting of bonfires on the village green
He said that on Bonfire Night, 14 uniformed police officers had turned up wearing protective clothing.
He said he gave his name as a point of contact and was told that officers were only there as a matter of safety.
'Two days later, three police officers turned up at my home at 8am and I was arrested,' he said. 'I was interviewed until about 11.45am and then I was thrown in the cells until 6.15pm.
The green by day: A bylaw dating back to the 1880s prohibits fire on Elwick Village Green
'The inspector kept opening the hatch and asking if I would accept a caution. I told him there was no way I would do that as I had done nothing wrong.
'I will definitely be making a civil case against the police force.'
Inspector Tony Green, of Cleveland Police, said: 'We are duty bound to follow a complaint through.
'Evidence was put before the Crown Prosecution Service and they decided there was a case to answer.'
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