Wrong tactic. I would recommend confiscating the scales, perhaps providing a complimentary kg scale while the other is held "in evidence" indefinitely.
> From: <[EMAIL PROTECTED]> > Reply-To: <[EMAIL PROTECTED]> > Date: Tue, 27 May 2008 19:52:58 +0000 > To: "U.S. Metric Association" <[email protected]> > Subject: [USMA:40989] Metric Martyr trial set for next January > > 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. >
