Brecqhou Warrior, a former army landing craft, which has been used to ship material to Sark for projects being financed by Sr David and Sir Frederick Barclay. (Picture by Brian Green, 0202038)
SARK is threatening to take legal action that could jeopardise Sir David and Sir Frederick Barclay’s investment in the island as a row about freight shipments and monopolies intensifies.
The issue will go before Chief Pleas on Tuesday with a proposition from Sir David and Sir Frederick that Chief Pleas directs Isle of Sark Shipping, which the island owns, not to take action against Brecqhou Developments Ltd or estate manager Kevin Delaney.
The row centres on Brecqhou Developments’ use of the Brecqhou Warrior to ship building material from Guernsey to Sark for Sir David and Sir Frederick’s projects. ‘We urge this House not to jeopardise our investment in Sark,’ said Sir David and Sir Frederick’s report.
‘It is not unreasonable for us to expect a degree of co-operation rather than continually having to contend with such misconceived actions as this. We do not have to remind Chief Pleas that our use of Brecqhou Warrior has already been reported to Guernsey Police and investigated, with advice taken from the Law Officers, and, rightly, no action was taken.’
Letters from AO Hall Advocates partner Alison Ozanne on behalf of Isle of Sark Shipping were sent to Mr Delaney and Brecqhou Developments on 22 April.
Both said that Brecqhou Warrior had unloaded in Sark 11 tonnes of fencing posts on 31 March, turf on 9 April and a mixed load on 16 April. The cargo had come from Guernsey.
This activity was not licensed under The Alderney and Sark (Licensing of Vessels) Law, 1951, it was claimed.
‘Unless we receive your categoric unconditional undertaking that such activity will immediately cease and not be repeated, IoSS puts you on notice that it will have no option but to apply to the court to both protect its legitimate commercial interests and to seek an order for all damages and costs arising from these wrongful acts,’ said the letter from Advocate Ozanne.
Sir David and Sir Frederick’s advocate, Gordon Dawes, acting on behalf of Mr Delaney and Brecqhou Developments, wrote back on 6 May saying that the legislation was obviously aimed at commercial carriage of passengers and freight.
‘It was not intended to prevent, and we say that it does not prevent, a person carrying his, her or its own possessions for his, her or its own purposes in circumstances where no payment is to be made for that carriage nor is any trade to be carried on in respect of the items carried.’
Advocate Dawes added that items carried by the Brecqhou Warrior were exclusively for the purposes of his clients’ building work in Sark.
The law provides for a maximum fine of £100.
‘In short, my clients deny your allegations and will not give the undertaking you request. Isle of Sark Shipping must bring proceedings, although whether it has the locus to enforce its interpretation of the criminal law is quite another matter.’
He said there was no scope for private prosecution in the Bailiwick.
‘My clients cannot be expected to carry on spending large sums of money boosting Sark’s economy if this is the kind of treatment they receive,’ said Advocate Dawes.
‘In any event we would be seeking disclosure on IoSS’s financial position on the basis that we will call for substantial security for costs should you proceed. IoSS is, my clients believe, insolvent.’
Article posted on 14th May, 2008 - 11.30am
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