MercoPress. South Atlantic News Agency
Penguin News Update.
Headlines:
Raising the roof; Second adjournment for fishing court case; Argentine/UK exercise; Government loses Forbes appeal; Man charged with child sex assault; Milk is listeria-free; Explorer and Molchanov.
Raising the roof
Picture: H Wylie SEAFISH Chandlery adopted an unconventional approach to creating space this week. A piece of the building's roof was lifted on Wednesday morning, allowing the construction of an upstairs office and increasing the store's floor space. The roof was replaced later the same day. More on page 3
Government loses Forbes appeal THE government has lost its appeal against Acting Supreme Court Judge Nick Sanders' 2003 ruling on the Gordon Forbes case. The appeal was launched by the government against a decision to dismiss its application for an order setting aside the part award given by the arbitrator on November 6, 2002. The government, in its application to set aside for serious irregularity, was required to show that a serious irregularity affected the Tribunal, the proceedings or the award, and that substantial injustice had been caused as a result. The appeal was considered by a panel of three judges: Mr Justice Appleby, Mr Justice Benson and Mr Justice Rubery. In his judgment, Mr Justice Appleby said he could not be satisfied that the government had been unfairly deprived of an opportunity to present its case or to make a case, "...which, if the misrepresentation had been known, might realistically have lead to a significantly different outcome." The misrepresentation to which Justice Appleby referred was that the contractor was Gordon Forbes Construction (Falklands) Ltd, when in fact documentation later established that Gordon Forbes (Elgin) Ltd had been the contractor. He said that whether or not there was a serious irregularity was not of significance, "...when I am satisfied that no substantial injustice has been caused to the Appellants and accordingly this appeal must fail." Regarding the award of costs, Justice Appleby said that in the normal course of events it follows that the government would be liable for all the costs of this appeal however, "...I am satisfied that had it not been for the conduct of the Respondent (Forbes) in the appeal and his advisors...the litigation would not have got this far. "Accordingly, I consider it equitable that there will be no order of costs." When asked whether the government would continue its battle with Forbes, a spokesperson for the Falkland Islands Government said, "This matter will be reported to the Executive Council when the further conduct of this matter will, no doubt, be reviewed."
Second adjournment for fishing court case
FALKLANDS Councillor and Director of Quark Fishing Ltd, Michael Summers, was in Stanley Magistrate's court on Wednesday to hear his legal representative, Hugh Ferguson of Ledingham Chalmers, petition for a further adjournment of cases against his company, which first came to court on October 13. Senior Magistrate, Clare Faulds, agreed to adjourn the cases until December 1 after hearing from Mr Ferguson that the late arrival of relevant papers in the Falkland Islands had prevented him from being in a position to form a plea. Crown Counsel, Ros Cheek confirmed the late arrival of the papers and indicated that the prosecution had no objections to the granting of a further adjournment. Quark Fishing Ltd, as the charterers of fishing vessel IBSA Quinto, are accused of having been in breach of licence conditions, between May 4 and June 28, 2004, having, according to the published charges, taken 33 tonnes of fish above their allowable catch limit of 300 tonnes. The Spanish company Freiremar AS is also on the charge sheet, as owners of the IBSA Quinto.Mr. Ferguson was able to inform the court that he was acting on their behalf as well as that of Quark Ltd. At the original hearing on October 13, Freiremar SA had been unrepresented. Sources in the Falkland Islands fishing community put the value of the alleged excess catch in the region of US$ 200,000. Quark Fishing Ltd is also charged, as owners of fishing vessel Jaqueline, with being in breach of regulations designed to minimise the incidental mortality of seabirds, on or about June 6. (J Fowler, MP)
Argentine/ UK exercise A JOINT Argentine and British search and rescue exercise held last week was essentially a civilian operation, a spokesperson from Mount Pleasant has confirmed. Captain Ben Taylor, media spokesman for the British Forces, said the exercise - Millennium II - was conducted in international waters in the South Atlantic, not in Falklands waters as reported by the Argentine press. Continued on page 3
Man charged with child sex assault AN East Falkland farmhand has been charged by police with sexually assaulting a child. Robert William Smith of Goose Green was charged on Monday with two offences as a result of a serious incident which has been under investigation for several months. The two charges are assault of a child under 13 by penetration and assault occasioning actual bodily harm. Mr Smith appeared at Stanley Magistrates Court on Monday, shortly after being charged. He entered no pleas to the charges and was granted bail with a number of strict conditions. He must reside at 10 Goose Green, must not approach or communicate either in person or through a third party with four named prosecution witnesses and he has surrendered his passport to the Royal Falkland Islands Police. Mr Smith must notify the Police of his intention to and proposed time of travel to Stanley or any other place outside Goose Green Farm. He may not permit any person under the age of 16 to enter 10 Goose Green; in addition he may not approach any person under the age of 16 or remain alone in any room or vehicle with any person under the age of 16. The case has been adjourned until Thursday, November 25.
Milk is listeria-free THE Chief Medical Officer has lifted a warning against ?at risk' people drinking milk from the Dairy. Dr Roger Diggle says there has been no listeria in the milk supply for the last three months, therefore he believes, "...it is reasonable to remove the restrictions that I advised at the time." "I think parents and the elderly can regard the unpasteurised milk as safe." Dr Diggle confirmed that the hospital will continue to routinely test the milk on a weekly basis.
Explorer and Molchanov MS EXPLORER (carrying approximately 100 passengers) calls in to West Point and Carcass Islands tomorrow (Saturday) and heads to Stanley on Sunday. Professor Molchanov(48) will be at Carcass and Saunders Islands on Sunday before heading to Stanley on Monday.
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