East End grocer put on trial for refusing to submit to metric system The London Paper, Sunday, 25 May 2008
A London green grocer will stand trial for selling vegetables in pounds rather than kilos after a legal bid to have the case thrown out failed. Janet Devers, 63, is accused of selling dates at a price of £1.90 per pound instead of using metric measurements as required by law from her market stall in London's East End. Mrs Devers, whose family have run a stall in Dalston for 60 years, is also charged with selling sweetcorn, Chinese cabbage, pak choi and scotch bonnets - a type of chilli pepper - either without any clear price or without a price referring to kilos. She is also charged with a number of other similar offences - including using Imperial scales. Mrs Devers has been hailed as the latest "Metric Martyr" to challenge regulations originally from the EU which were aimed at outlawing the use of Imperial measurements in the UK. At a preliminary hearing at Snaresbrook Crown Court barrister Nicholas Bowen argued that the prosecution, which is being brought by Hackney Council, was an "abuse of process" and should be thrown out. He argued that even if his client had been guilty of a technical breach the case was 'victimless and without mischief and bringing it would not be in the public interest.' Mr Bowen said the council was in breach of its own prosecution policy and the case was disproportionate because there was no potential for considerable harm by Mrs Devers alleged actions. And he argued Mrs Devers had never had any complaints from customers and the practice was widely used across London by stallholders. Mrs Devers alleged offences fall under the Price Marking Order 2004 and the Prices Act 1974. Mr Bowen said: "Parliament can't have meant to criminalise someone like Janet Devers who is simply selling from her stall a consistent amount of produce which the consumer can see and if he wanted could ask for it to be weighed up. "One would not have thought there was a public interest in the total letter of the law. "There is absolutely no mischief in trading as they trade. The offences simply do not justify the use of criminal law." He added council trading standards officers were 'using a sledgehammer and moving pretty quickly towards formal action' when during their investigation last year. He said they had even used a 'covert operation' using long lens cameras to take pictures of Mrs Devers using Imperial scales. But the prosecution argued she was given numerous warnings starting in May 2007 but by September she still had not changed her methods when inspectors came to visit. Sarah Le Fevre, prosecuting, said the council had followed its procedures and when Mrs Devers had ignored consistent warnings to change her methods they had no option but to prosecute. She said: "This prosecution is to ensure that good harmonised standards are complied with and not treated as discretionary. It is not a trader's decision not to comply with the requisite standards. "I can't say that these are the most serious offences, but the seriousness lies in that they have been committed against all advice provided to the defendant." After considering the application from the defence to throw out the case, Judge Jacqueline Beech ordered that the prosecution had not been an abuse of process and the trial should go ahead. She said: "Whether Mrs Devers likes it or not there are price requirements that must be followed and I note that three of the four of these offences are not ones referring to the metric pricing debate. "I can't see that it can be in the interest of the buyer that products can be displayed without any information on the price." Mrs Devers, of Wanstead, east London, pleaded not guilty to the four charges that were put to her and a trial was fixed for next January.
