B R I T I S H
W E I G H T S
&
M E A S U R E S
ASSOCIATION
PRESS RELEASE FOR IMMEDIATE RELEASE 10 APRIL 2001
YES, WE HAVE NO BANANAS - IN POUNDS, AND WE HAVE LOST OUR CONSTITUTION TOO!
British Weights and Measures Association's comments on the Metric Martyr trial.
On Monday 9 April 2001 in court number 2 in Sunderland, district judge Bruce Morgan found Steve Thoburn, market greengrocer, guilty of the crime of selling bananas by the pound.
Reading from his 50 page hand-written judgement judge Morgan brushed aside all the legal arguments presented by Steve Thoburn's eminent defence counsel, constitutional lawyer Michael Shrimpton, because they were based upon legal precedent derived from our common law system. Michael Shrimpton claimed that the 1985 Weights & Measures Act could not be overturned by a Statutory Instrument issued under powers contained in the earlier 1972 European Communities Act. He said that it is a fundamental cornerstone of our constitutional system that no parliament may bind its successor.
District judge Bruce Morgan said that we now operate under a "
new legal order". The 1972 European Communities Act intentionally surrendered parliament's sovereignty to the primacy of European law and the European courts. "Every national court must now set aside any national law which conflicts with Community law". He said that all the commentators on the British legal system represent the "yesteryear" and now only describe a "non-binding historical perspective".For the first time ever a British court has spelled out the full implications of joining the European Community, Britain has lost its ancient constitution and must now regard 1972 as the "Year Zero".
It is significant that the judge acknowledged that this was a "
test case of national importance", despite the statement of the Trade Minister currently responsible for weights and measures law, Dr Kim Howells, who tells Members of Parliament that it is nothing of the sort.The British Weights and Measures Association takes comfort from the fact that the judge made no award as to costs and granted a conditional discharge to the defendant who he described as "a decent hard-working man who did what he did because he believed he was right". The judge said he expected the case would proceed to a higher court.
Vivian Linacre BWMA Director, said, "BWMA will use every effort to restore the freedom to choose Imperial measures in trade and if we can restore our ancient constitution at the same time, so much the better!"
BWMA has raised £17,000 for the trust fund for the defence costs and invites donations for the cost of the appeal.
For further information CONTACT: Mr Vivian Linacre, BWMA Director,
45 Montgomery Street, Edinburgh EH7 5JX (Tel. & FAX: 0131 556 6080)www.footrule.org and www.bwmaOnline.com
Press release distributed by David Delaney, BWMA Hon Public Relations Officer, Mortimers Cross Mill, Leominster, HR6 9PE,
Tel: 01568 708 820, e-mail dtdelaney@compuserve.com
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