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06/10/2010
Poots 'In The Dock' Over John Lewis
There has been a startling legal turn in the long-running and controversial plan to build a John Lewis department store in Co Antrim.
A Minister in the Stormont Executive has been challenged by the judiciary over remarks he allegedly made during a BBC Radio Ulster interview that could even mean him facing contempt proceedings.
The High Court Judge has asked the Attorney General to consider remarks by Environment Minister Edwin Poots in the interview last week while associated 'live' legal proceedings were under way.
A statement was then read out in court from Mr Poots, that said: "I wish to make it absolutely clear that I did not intend and do not wish to exert any undue or inappropriate influence on the outcome of either the court's proceedings in this case or the public inquiry itself.
"I am very conscious of, and I fully respect, the distinct roles of the courts, the Planning Appeals Commission (PAC) and the Department in planning matters."
He was said to have made comments about the John Lewis planning application in that he thought it was "outrageous" for courts to allow judicial reviews when it was one commercial interest competing against another.
But the courts took a very dim view of the matter and the Minister announced he was seeking urgent advice on standing aside from the decision making process.
The statement that followed from Mr Poots also made clear that his comments were not intended to influence the case brought over the proposed development at Sprucefield near Lisburn.
Initially, Lord Justice Girvan had said: "The gravity of what transpired on Friday morning should not be underestimated."
He has granted leave to seek a judicial review over claims that a proper assessment was not carried out on the impact any development would have on badgers, bats and newts at the site by businesses opposed to the 500,000 sq feet retail scheme.
Lord Justice Girvan then ruled there was an arguable case that the Minister's remarks amounted to apparent bias and pre-determination.
DUP Minister Poots told the Stephen Nolan radio show it was not only "outrageous" for the courts to allow judicial reviews to be heard when it is one commercial interest against another, but also claimed the actions of those involved in the litigation were "despicable and disgraceful" and "intolerable".
(BMcC/GK)
A Minister in the Stormont Executive has been challenged by the judiciary over remarks he allegedly made during a BBC Radio Ulster interview that could even mean him facing contempt proceedings.
The High Court Judge has asked the Attorney General to consider remarks by Environment Minister Edwin Poots in the interview last week while associated 'live' legal proceedings were under way.
A statement was then read out in court from Mr Poots, that said: "I wish to make it absolutely clear that I did not intend and do not wish to exert any undue or inappropriate influence on the outcome of either the court's proceedings in this case or the public inquiry itself.
"I am very conscious of, and I fully respect, the distinct roles of the courts, the Planning Appeals Commission (PAC) and the Department in planning matters."
He was said to have made comments about the John Lewis planning application in that he thought it was "outrageous" for courts to allow judicial reviews when it was one commercial interest competing against another.
But the courts took a very dim view of the matter and the Minister announced he was seeking urgent advice on standing aside from the decision making process.
The statement that followed from Mr Poots also made clear that his comments were not intended to influence the case brought over the proposed development at Sprucefield near Lisburn.
Initially, Lord Justice Girvan had said: "The gravity of what transpired on Friday morning should not be underestimated."
He has granted leave to seek a judicial review over claims that a proper assessment was not carried out on the impact any development would have on badgers, bats and newts at the site by businesses opposed to the 500,000 sq feet retail scheme.
Lord Justice Girvan then ruled there was an arguable case that the Minister's remarks amounted to apparent bias and pre-determination.
DUP Minister Poots told the Stephen Nolan radio show it was not only "outrageous" for the courts to allow judicial reviews to be heard when it is one commercial interest against another, but also claimed the actions of those involved in the litigation were "despicable and disgraceful" and "intolerable".
(BMcC/GK)
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