2002/118
ROYAL COURT
(Samedi Division)
11th June 2002
Before:
|
M.C. St. J. Birt,
Esq., Deputy Bailiff, and Jurats Le Ruez and Clapham.
|
The Attorney General
-v-
Anthony George Benest.
1 count of:
|
Contravening Article 8 (1) of the Island Planning (Jersey)
Law 1964 by creating a bridle path, which constituted development,
without development permission.
(count 2)
|
[On 19th October, 2001, the Defendant denied the facts of
this and two other counts, counts 1 and 3; a trial was ordered, which started
on 22nd January 2002, when the defendant admitted the facts of count
2, and the Crown then accepted his denial of the facts on counts 1 and 3, which
were therefore dismissed.]
On 15th March 2002, at the sentence
hearing, a dispute on the facts of the contravention arose and a 'Newton' hearing was
ordered.
Newton Hearing
J.C. Gollop, Esq., Crown Advocate.
Advocate J.P. Michel for the accused.
JUDGMENT
THE DEPUTY BAILIFF:
1.
The
finding of the Jurats is as follows:
(i)
The Court
is sure that Mr Stein did not during the course of a telephone conversation,
after the initial meeting on site in the summer of 2000, state to Mr. Benest words to the effect that a permit was not required
as the works would be within the curtilage of the property.
(ii) The Court is sure that the question of horse
trails was mentioned at the site meeting in Field 1451 in the summer of
2000.
(iii) The Court is, however, not satisfied, to the
criminal standard of proof, that Mr. Benest
positively stated at that meeting that the horses would form the trails
themselves. But the Court is
satisfied that Mr. Stein, for whatever reason, drew that inference and that
that was the reason why he said at that meeting that no application for
development permission was necessary.
(iv) At no stage did Mr. Benest
make clear to Mr. Stein the nature and scale of the development, including the
fact that it would require mechanical diggers, but nor did Mr. Stein ask the
appropriate questions to establish the nature and scale of the activities.
Authorities
Island Planning (Jersey)
Law 1964.