A BLIND war veteran has been taken to court at the age of 92 -- for not cleaning up his dog's deposits.

But magistrates decided that leniency should be the order of the day and gave Charles Rix, of Burwood Avenue, Blackpool, an absolute discharge.

Rix was so upset by the prosecution that he could not face appearing in court, Blackpool magistrates were told.

Mr Trevor Colebourne, defending, entered a guilty plea on his client's behalf.

Mr Colebourne said: "I wrote to Blackpool Borough Council asking if it was in the interests of justice for them to proceed with the case in view of my client's age, good character and the fact he is registered as blind.

"My client was highly offended by that and his view was he should not have to prove he was registered blind. He felt the council should have accepted it and withdrawn the case.

"In my view this is not a case that should have troubled the court. This is a case where discretion should have prevailed."

Colin Brittain, prosecuting for Blackpool Borough Council, said: "If evidence had been available about the defendant being blind, we would have taken a view on this matter."

The prosecutor said that, on October 7 last year at 7.45am an environmental health officer saw Rix with a black and brown mongrel on the lead.

The dog defecated on a grass verge at Whinney Heys Road, Blackpool, but the defendant failed to remove the waste.

The defence said the Rix, who had fought for King and country in the second world war, had been so upset at being prosecuted he had decided not to attend and asked his lawyer to conduct the defence as he saw fit.

Mr Colebourne added: "My client is not in the best of health. His wife is very poorly and, to cap it all, the dog died yesterday."