A JUDGE has condemned a decision to bring criminal proceedings against a pensioner who sold wild mushrooms she picked in the New Forest.

Brigitte Tee-Hillman, 63, who trades as Mrs Tee's Wild Mushrooms from her home in Sway Road, Pennington, was accused of stealing six-and-a-half kilos of wild mushrooms in the New Forest on November 15, 2002.

The case, which has cost tax-payers several thousand pounds, was dropped after a hearing at Bournemouth Crown Court.

German-born Mrs Tee-Hillman, one of TV chef Rick Stein's Food Heroes, says because of poor growing conditions in recent years the amount of mushrooms she gets from the forest is minute.

Much of the 150 to 200 kilos she deals with a day are picked abroad and last year she collected just 20kg from the forest, she said.

At Bournemouth Crown Court Judge John Boggis QC ruled that it was a civil matter and said to bring criminal proceedings was "wholly inappropriate".

He added: "I am not dealing with someone up for GBH or someone dealing in heroin. I am dealing with a matter which falls for the civil courts.

"It is wholly inappropriate for public money to be spent on criminal proceedings such as this."

The matter is now set to come before Southampton County Court as a civil case.

Speaking after the hearing on May 16, Mrs Tee-Hillman's solicitor Clive Sutton hailed the decision as "a victory for common sense".

Mr Sutton said: "I'm very satisfied with the judge's comments. It is a great relief for my client. It is fair to say she never dreamed she would be convicted because she's never believed she was doing anything wrong."

Mr Sutton added that they believe that under common law Mrs Tee-Hillman has the right to continue picking and selling mushrooms because she has been doing so for well over 20 years.

Mrs Tee-Hillman said: "I'm highly delighted but I didn't expect anything else. I'm delighted but it took too long and never should have been brought in the first place."

First published: May 17, 2006