John Keiner ist hoffnungsloser versklavt als derjenige, der irrtümlich glaubt frei zu sein. There are none more hopelessly enslaved then those who falsely believe they are free! ----- Original Message ----- From: <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Friday, 2001-03-02 17:09 Subject: [ukma] Sunderland case update Found on Ananova: Ananova : Pounds and ounces case: Lawyer warns of EU supremacy If a greengrocer loses his weights and measures case, then Europe will have supreme power over British laws, a lawyer claims. Michael Shrimpton heads the defence team of Steven Thoburn, who is being prosecuted for using imperial-only scales. The verdict is due to be delivered in Sunderland on April 9. In his summing up, at Sunderland Magistrates Court, Mr Shrimpton said the case is essentially about "selling a pound of bananas". If it is lost, the country will suffer at the hands of the European Community which will pick away at British constitutional law, he said. He maintained that British statute took precedence over Euro directives. If the court ruled against him, he said it will open the doors for all British laws to be changed. He said that would lead to the loss of such traditions as the pint of beer, the mile and pint of milk which are currently protected. Eleanor Sharpston QC, for Sunderland City Council, maintains that if Britain wants to be part of Europe it has to abide by its laws. She closed her case by saying: "We are not, as has been suggested, living in a UK which is sovereign in the classic British Empire 19th century way. That UK is part of political and legal history." "The UK has expressed, through its constitution and endorsed by the Queen in Parliament that the UK is part, geographically, of Europe and, much more importantly, is part of the European Union. "As with any system of Government there are going to be benefits and disadvantages." Last updated: 15:35 Friday 2nd March 2001 Ananova : Imperial market trader 'legally bound by EU directives' The prosecution in Britain's first court case against a trader accused of selling his goods in pounds and ounces says the nation's traders are legally bound to abide by Euro directives. Eleanor Sharpston QC told Sunderland Magistrates Court that European Community law dating back to 1972 had paved the way for an eventual change from Imperial to Metric. The barrister is heading Sunderland City Council's prosecution of market trader Steven Thoburn for breach of weights and measures legislation. She likened the claims of Mr Thoburn's defence barrister Michael Shrimpton, a constitutional expert, to that of a "magician" whose display looks good on face value but on closer inspection does not stand up. Mr Shrimpton has maintained that Acts of Parliament cannot be overturned by European directives and that Mr Thoburn is entitled to sell his fruit and veg in Imperial weights. Mr Thoburn, 36, of Association Road, Sunderland, is being prosecuted for breaching the 1985 Weights and Measures Act, which was amended to bring it in line with a new Euro directive making it illegal to use scales calibrated only in Imperial measures. Mr Thoburn's stall, in Southwick Market, Sunderland, was raided by trading standards officers in July 2000 who found scales calibrated in Imperial only. He denies two charges of contravening the Weights and Measures Act 1985. Ms Sharpston compared Mr Shrimpton's legal arguments at the earlier January hearing as being very well presented but fundamentally flawed. She added: "It was like a clever magician who saws his beautiful assistant in half. You almost believe what you think you have seen then when they take their bow you realise it was an exceptionally clever illusion. "You almost believe what you see as I did with the arguments put forward by Mr Shrimpton. But his arguments are based on a series of very fundamental misconceptions. " The prosecution got under way in January this year but was adjourned after it ran over the allotted court time. The hearing is scheduled to run until mid-afternoon on Friday but the verdict will not be announced until April 9. Last updated: 13:36 Thursday 1st March 2001 http://www.ananova.com/news/index.html?keywords=Steven+Thoburn&nav_src=more_ on
