Great Yarmouth's outer harbour. Picture: Mike Page
Sam Russell
Saturday, March 2, 2013
9:58 AM
No witnesses will be called to defend the position of Great Yarmouth outer harbour bosses at a forthcoming inquiry, the company’s barrister said.
Gregory Jones QC, instructed by Eliza O’Toole, vice-chairman of Great Yarmouth Port Company, announced the “surprising” move at yesterday’s pre-inquiry hearing.
The inquiry – on April 9, 10 and 11 at Yarmouth’s town hall – will examine whether it is right to grant the £80m port’s Harbour Revision Order (HRO) of 2010.
It was called by the Marine Management Organisation (MMO) and will be heard by a government inspector.
But because the port company is not calling on any witnesses, objectors will not be able to ask any questions of the port company’s evidence.
Inspector Lloyd Rodgers said: “I would expect the port company to try to convince me it is desirable to make the order.
“If you can do that without witnesses I would be surprised, frankly, but I will leave that with you.”
He told the hearing in the town hall’s assembly room that without being able to test written evidence, presented by Mr Jones as an advocate, he may not have as much “confidence” in it.
“If I believe there’s a question that’s essential that I need to ask, I have no facility to ask it,” added Mr Rodgers.
“Without a witness prepared to be cross-examined it’s a matter of my judgment what weight I give to it.”
But Mr Jones, for the port company, said his clients were “sceptical” of the need for an inquiry in the first place and were happy to base their argument on written documents alone.
“At the moment we’re not intending to call any witnesses,” he said. “I intend to make legal submissions.”
He added the scope of the inquiry should not stray from the HRO, though objectors have insisted the environmental impact of the outer harbour and the history of its privatisation are relevant.
“Our very firm position is that this transfer of powers is not an inquiry into the building of the outer harbour,” said Mr Jones. “With the greatest of respect to the objectors, this is not a forum to go behind an act of parliament.”
Objectors John Cooper, of Great Yarmouth Scrutiny and Heritage Group, and Michael Boon, retired chief executive of the port authority, are calling for confidential documents to be published ahead of the inquiry.
Mr Boon said these include the 99- year lease of the outer harbour, though Mr Jones would not comment on its existence – stating that to do so would be a “slippery slope”.
Mr Rodgers will decide whether to call for the documents to be released after seeing written submissions from both parties.
Other objectors at the meeting were Bourne Leisure, Great Yarmouth Port Users’ Association, Hopton Coastal Action Group, Dennis Durrant and Nick Pownall.
Police in Norwich have launched an investigation after a woman claimed in a tweet she had knocked a cyclist off their bike.
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4 comments
Corruption on this level should be opened up and all those guilty in this massive fraud shoul be held responsible.
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wes1975
Saturday, March 2, 2013
I think the time has come fro a criminal investigation to be launched into this fiasco. If I were John Copper I think I would be off to the police station with my evidence rather than waste my time at this stitch up of an inquiry.
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BG
Saturday, March 2, 2013
The utter hubris and complacency. (maybe it's Ostrich syndrome? "If we don't bother the nice man perhaps he won't bother us?") I'm very interested to see the response of Tim Jeffries on this peculiar stance.
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ThePresence
Saturday, March 2, 2013
Whatever is going on. Another authority refusing to provide critical documents for examination. The blinding arrogance of not even putting up witnesses for the inspector to question is a step even further than NCC and CW dared to take. John Cooper should be aware that the planning inspector overseeing the incinerator inquiry has made it clear she has no legal powers to demand the release of documents or evidence. This makes the whole process a total farce how can the proposal be professionally judged if all evidence is not open to questioning by the inspector or cross examination by those with relevant knowledge? Millions of pounds of public funds were used to build the outer harbour it is now privately owned the public have every right to question the port authorityespecially as it will be public money which still funds a great deal of costs related to the upkeep of the outer harbour.
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Canary Boy
Saturday, March 2, 2013