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

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