Bembridge Harbour Trust (BHT) has been granted leave by the High Court to pursue a Judicial Review of the harbour authority, on the grounds that it made loans of £630,000 to other companies its directors own.
BHT are advised that under the terms of the local Harbour Act these sums should have been available to fund harbour improvements. Improvements which its directors, Malcolm and Fiona Thorpe, themselves declare as the priority needs for the harbour.
Judicial Review is a court process that looks at decisions by a public body. According to Jeremy Gully of the Harbour Trust, this High Court decision puts paid to an often repeated misconception that Bembridge’s Statutory Harbour Authority is absolved of responsibility as a public body due to its being privately owned. Instead, Mr Gully says it confirms once and for all its status as a statutory body, bound by the local Harbour Act, accountable to the public and with a duty to the public interest.
Due to the nature of the Judicial Review, it means that only issues falling within a short time window may be heard meaning that older issues cannot be taken into account under this particular process. Other grounds BHT had requested be taken forward were declined.
This is 1 of 2 Judicial Reviews that Bembridge Harbour Trust are pursuing in connection with harbour, the first being against the Isle of Wight Council regarding planning consent for the Bembridge Investment Ltd’s development scheme on land currently used, and some registered to, the Harbour Authority. That Judicial Review has now been referred for permission to appeal.
Jeremy Gully says that it is hoped that the £630,000 of loans shown in the accounts will be repaid, making cash available for overdue improvement, maintenance, dredging and groyne repair.
Malcolm Thorpe, of the harbour authority, has said that whilst they make available annual accounts submitted to Companies House, there is no legal obligation to provide internal accounts or details. He has also said, in respect of the groynes, that there is no convincing argument that a positive result would be forthcoming in refurbishing the groyne.
Hence all the ‘show us the books’ banners then in this rarely out of the news village.
If it is not the Parish council it is the harbour getting bad press.
Shame it used to be a lovely, honest place compared to other areas, so what is going on I would like to know. Blackmail accusations ruining a long standing pillar of Bembridges business and cash in rubbish bins, the lies of selling village assets underprice and now this?
My Aunt would never imagine in her wildest dreams that it would ever come to this in her late village.
Gosh, I’m amazed such a modest organisation would have £630k to loan out in the first place.