MAGISTRATES are this afternoon deciding whether a case against county councillor Toby Sturgis should be thrown out.

Coun Sturgis, who is the cabinet member for planning and waste, is accused of illegally dumping 37 tonnes of asbestos on land at Brook Farm, Great Somerford.

The 60-year-old is being prosecuted by the Environment Agency, but his defence team this morning argued an abuse of process.

Peter Wadsley QC said Coun Sturgis had phoned the Environment Agency helpline and been told he was allowed to bury it in an old, disused tip on his farm.

The asbestos came from a group of old barns on the farm.

Giving evidence, Coun Sturgis said: "They confirmed to me it was legal."

However, Syan Ventom, prosecuting for the Environment Agency, said Coun Sturgis had not told them he had sold the barns to a developer.

Farmers may only bury asbestos on their land if it comes from an agricultural building.

However, Coun Sturgis' team said it was still being used for that purpose.

Mr Wadsley said: "The test is whether it's unfair for this case to proceed.

"I say it is, because it's clear assurances were given by the Environment Agency."

Magistrates at Chippenham are this afternoon considering the application and are due to deliver their verdict some time after 2pm.

If unsuccessful, the trial will begin today.