GUARDIANS of the New Forest have been accused of blowing more than £17,000 in a bid to recover a fraction of that amount.

A case brought by the Verderers against nine commoners accused of failing to pay their marking fees was thrown out at Southampton Magistrates' Court.

The proceedings collapsed after a district judge ruled that she did not have the necessary jurisdiction.

Gillian Babbington-Browne said the Verderers must settle the matter themselves at the ancient Court of Swainmote, which is used to enforce Forest laws.

Two commoners who had previously pleaded guilty will have their convictions set aside and their fines and costs refunded.

The Northern Commoners' Association (NCA) said the action had related to cattle and ponies grazing on land owned by the National Trust.

It added: "The NCA has always maintained that marking fees are not payable by commoners depasturing their stock on the northern commons and this stance has now been fully justified."

The statement said the Verderers had spent about £17,500 on their attempt to recover the fees - understood to total only a few hundred pounds.

However, the Verderers said their decision to have the case heard in a magistrates' court was based on expert legal advice from a QC.

A statement issued by their clerk, Sue Westwood, said the prosecutions had now been "suspended" until further notice.

It added: "The Verderers are taking further advice as to whether the matter should be referred to the High Court for a definitive ruling.

"It is vital that the issue of which court should be used by the Verderers to enforce their by-laws is resolved in the interests of commoning and the proper management and administration of the New Forest.

"In the meantime, the by-laws remain in force and must be observed by all those exercising their right of common."

The commoners involved in the case were Colin Barnes, 59, of Penn Common, Bramshaw; Peter Burgess, 47, of Swallowfields, Furzley; Andrew Young, 48, of Swallowfields Cottage, Furzley; Austin Young, 82, of The Firs, Furzley; Roland Bessant, 55, of Coppice of Linwood, Fritham; Malcolm Horsburgh, of Hill View Farm, Blissford; John Kilford, 58, of Rossiters Lane, Bartley; and father and son Thomas and James Penny, of Biddlecombe Farm, Cadnam.

All had denied the offence with the exception of Thomas and James Penny, who pleaded guilty at an earlier hearing in December last year.

Thomas Penny was fined £100 and James Penny £50, and they were each ordered to pay £309.24 each in costs.