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Premier Marinas forces MFA retraction
26 Aug 2008
In the meantime, Premier Marinas released its own version of the events cited in the original MFA story, which was headlined 'Marina Dredgers to Pay £40,000 After Ignoring Environment Safeguards'.
The story went on to make allegations against Premier Marinas, its dredging contractors Sub Marine Services Ltd and Falmouth Marina's general manager.
The story, however, was removed from the MFA website and a brief announcement issued on Friday 22 August: 'To further inform you that the MFA press notice relating to the court case of Premier Marinas and Falmouth Marina has been taken off the MFA web-site. An amended version will be placed on the site next week beginning Tues August 26th'.
The Premier Marinas announcement issued on 24 August, said: Following the decision by West Cornwall Magistrates Court on Wednesday 13 August 2008, Rupert Boissier, chief executive of Premier Marinas (Falmouth) Limited issued this statement: 'Premier Marinas (Falmouth) Limited ("the company") was the licence holder of a sea licence to deposit materials at sea. The licence was issued by the Marine and Fisheries Agency.
The company pleaded guilty to offences contrary to the Food and Environment Protection Act 1985 ("the Act") on a strict liability basis as a consequence of being the sea licence holder and therefore holding legal responsibility for compliance with the licence conditions. The company accepted strict liability for the breaches of the licence conditions that took place at the marina in respect of the licence but those breaches did not take place as a result of:-
• instructions from the company
• acquiescence by the company
• reckless disregard by the company
• any action by the company
The Court accepted the company's plea of guilty on this basis and the amount of the modest value of the fine and costs ordered against the company by the Court reflects this.
The company did not, as has been incorrectly reported, ignore environment safeguards or engage in any deliberate action contrary and with deliberate disregard to the Act.
There has been no significant and long term impact on the local environment. An expert witness in the case gave evidence which was accepted by the Court, that there was no data to support that any contamination took place.
The company accepts the decision of the Court and has fully engaged in the Court process.'
BB awaits the updated statement from the MFA.
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