Kiosk case counsel fishes for minutes that might not exist

Tuesday 11th May 2010, 2:29PM BST.

From the left, Elka, Kiara, Gary, Anais and Lynn de Carteret are soon to reopen their kiosk. 	(Picture by Tom Tardif, 0956211)

From the left, Elka, Kiara, Gary, Anais and Lynn de Carteret by their kiosk. (Picture by Tom Tardif, 0956211)

THE latest episode in the eviction of the owners of Pembroke kiosk was described as ‘a fishing trip’ in the Royal Court.

The court last month agreed to the eviction of Gary and Lynn de Carteret from the site but allowed them to continue trading, with conditions, after Advocate Nick Barnes said he might challenge the court’s decision.

At the latest hearing before the Interlocutory Court, Advocate Barnes said he had requested more minutes from States departmental meetings at which decisions had been taken to terminate the concession and bring proceedings.

‘If the minutes reveal that the board [Treasury and Resources or its predecessor, the Board of Administration] considered matters that it should not have done, or if they had not considered human rights issues that they should have done, then the decision might be open to challenge,’ said Advocate Barnes.

Crown Advocate Philip Nicol-Gent said he believed minutes from meetings that resulted in some of the letters sent to the de Carterets might not exist as they related to decisions made at officer and not board level.

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