A builder's claim to import a Hummer into Alderney has been refused.
Jurats at the Court of Alderney dismissed Mark Maurice's application for a judicial review, after the States of Alderney refused to issue an import licence for a Hummer H2 Lux. The court also awarded costs to Mr Jeremiah.
Mr Maurice, who claims to have spent £130,000 on the case, branded the decision 'disgusting'. He said he would appeal.
Former States chief executive David Jeremiah vetoed the licence application last year - despite the vehicle meeting width, length and weight guidelines. The car in question is 15ft 9in long, 6ft 9in wide and weighs less than 3t laden. The maximum vehicle length in Alderney is 30ft; the maximum width is 7ft 6in. The island's weight limit is 10t laden.
During a two-day hearing earlier this month, Advocate Iain Harris, representing Mr Maurice, said Mr Jeremiah had abused his position and made an unreasonable and unfair decision.
Advocate Richard McMahon, for Mr Jeremiah, said import licenses were not granted 'out of right'. He also said Mr Maurice's Hummer was bigger and heavier than any vehicle which had ever been imported for private use.
The court found Mr Jeremiah did have discretion to refuse the application.
Jurat Steve Collins, chairman of the bench, said: 'The Jurats find that Mr Jeremiah acted reasonably in dealing with the application.
'His decision was within the parameters of reasonable decision making when taking all factors into account. The decision is not so unreasonable that this court should intervene.'
Speaking outside court, Mr Maurice said: 'That's not justice. It's disgusting.'
Mr Maurice went on to say he was planning to make another Hummer application next week.
Mr Maurice's mother Lin, a former States member, said: 'I think it's disgraceful. The law says it can come in. If you cannot trust a court to give justice, what's the point of living here?'
12 comments on this article
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truthseeker | Sat 31st July 2010 STOP PRESS no they dont !! Let me get my head around this a week ago- Mr Maurice knew he already had an importation licence for the red hummer yet still insisted on the judicial review. I note that this Vehicle is not a pick up which you would have thought would have been a requirement of a work vehicle-does that mean it will not be driven out of work hours-i finally figured it out-Lunatics run the Asylum !!!. Its also good to know that the EEC black hole went to such a worthy course (you have to think about this one!!)
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truthseeker | Wed 28th July 2010 At last the law and common sense prevail.
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Hello | Tue 27th July 2010 Icey - From what I read in the press of the Judicial Review the law allows for some discretion and there is no implied 'right' to import any vehicle.
It also appears that the applicant was advised by the States some weeks before making an application that it would likely be refused.
Maybe I misunderstood but I believe this was the case. I stand to be corrected.
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Icey | Mon 26th July 2010 Ridunian, I agree the issue is not whether or not you or I like the idea of a Hummer on the Island. The issue is definitely whether the States followed the law or not when refusing the import licence. They might have followed the law but how can it stick. Mr Maurice followed the law by trying to import a vehicle that was within the States weight, height and width requirements. End of. If we cannot have a law that is quite plain to understand then why are we paying thousands to people who enforce it, or what ever parts of it that they like to their discretion. The Jurat’s might have found, on the arguments put before them, that the States acted lawfully, but so did Mr Maurice. So who’s right? Give him his Hummer. If opinion is so strong that they should not be part of the island, then change the law. As for trading it in for a BMW, I’m sure that he would have bought one of the in the first place if he really wanted one.
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Ridunian | Sun 25th July 2010 The issue is not whether you or I like the idea of a Hummer on the Island. The issue is whether the States followed the law or not when refusing the import licence. (There are plenty of unlikeable things on the Island which are lawful).
The Jurats found, on the arguments put before them, that the States acted lawfully.
Mr Maurice has a right of appeal if his advisers think that decision was flawed.
But it does seem a bit excessive to take this all the way up to the higher courts, when all he needs to do is to trade it in for a BMW X5 which appear to be acceptable.
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Sno | Fri 23rd July 2010 Only little brains and a low social standing opt for big flashy cars - not needed on Alderney. Don't try to follow the 'Man in Black'. Accept that the majority of us are not sympathetic.
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Sno | Fri 23rd July 2010 Only little brains and a low social standing opt for big flashy cars - not needed on Alderney. Don't try to follow the 'Man in Black'. Accept that the majority of us are not sympathetic.
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AW NAW | Thu 22nd July 2010 for sale ;
Hummer H2 Lux, very few miles, not been used for a while......
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Icey | Thu 22nd July 2010 Pinky, you have to be the most outright self opinionated, contradictive, hypocrite that I have ever had the misfortune of listening to. Just my opinion that I think I’m entitled to.
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Hello | Thu 22nd July 2010 So much for the mobile smoking room....
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Taff | Thu 22nd July 2010 Common sense prevails. The mistake was to use dimensions for HGVs and similar commercial vehicles, for a private one.
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Pinky | Thu 22nd July 2010 Ops, now thats put a smile on my face!
The Journal believes this is an opportune moment to conduct a survey of the States. The aim is to help the States, its members and those who are considering standing for election. Click here to vote!
The Guernsey Bereavement Service has made three visits to Alderney over the past few months and would like to continue to help you. We are visiting the island again on Tuesday 31st August and would invite anyone who feels they would like Bereavement Counselling to telephone the Bereavement Service Office on 257778 to make a time to meet one of our counsellors.
Mon 6th September 2010 AHOHA (Aldeerney Hard of Hearing Association)
Short AGM followed by a Talk and PowerPoint presentation:'Sri Lanka - Recovery from the War in Jafna - a Personal Experience' by James Dent., Jubilee Home, 14:30 to 16:00
Mon 6th September 2010 Alderney Music Society - Tom Poster (Piano)
Tickets from Sara Fisher (Next to Reynards), Anne French Room, 20:00
The Journal's first States Survey
The Guernsey Bereavement Service has made three visits to Alderney over the past few months and would like to continue to help you. We are visiting the island again on Tuesday 31st August and would invite anyone who feels they would like Bereavement Counselling to telephone the Bereavement Service Office on 257778 to make a time to meet one of our counsellors. 