A man who has spent the past seven years battling the marine authorities for the right to anchor his 86ft barge on foreshore he owns at a Cornish quay has been told by a judge that he has become “obsessed with a battle that has no purpose”, writes Local Democracy Reporter Lee Trewhela.
Dean Richards was today (Thursday, November 14) given a three-year conditional discharge and ordered to pay £15,000 costs to the Marine Management Organisation (MMO).
Judge Simon Carr said of the financial penalty, which could mean Mr Richards having to sell his riverside land and barge: “This is the most self-inflicted wound I’ve ever seen.”
Earlier this month Mr Richards was found guilty by a jury at Truro Crown Court of being being in breach of the Marine and Coastal Access Act for mooring his barge on his own land on the river at Point quay, between Truro and Falmouth, without a licence.
Mr Richards, who wanted to create a home for himself and his eight-year-old son on the barge, has long argued that he didn’t need a licence for the way he he has moored his boat using ‘spudlegs’ or pin anchors.
The former bank manager, who is now a care worker, is also battling Cornwall Council over enforcement action it is taking against him. The local authority states he needs planning permission to moor the former Royal Navy munitions barge in the picturesque riverside village, something he argues he does not need as he has a Certificate of Lawfulness.
Arevik Jackson, prosecuting on behalf of the MMO, today asked for £21,000 in costs, which she said was a “conservative” amount. The barrister said this would cover the costs of the MMO investigating and dealing with the case, as well as legal costs. She added that as a public body the costs of the case fall on the public purse.
Truro Crown Court heard that the land owned by Mr Richards on the foreshore at Point has been valued at £35,000 and the scrap value of the barge given as £3,000. Documents provided to the court showed that Mr Richards, a former bank manager, has substantial debts, including credit card debts and costs from another unsuccessful case, which Judge Carr described as “self-inflicted”.
The judge told Mr Richards: “Your arguments in the vast amount of documentation this case has generated … show a quite extraordinary level of head in the sand over the reality of the situation. You’re an intelligent man – you have known from the beginning you have absolutely no defence to this case.
“The defences you have raised at various times have varied and on occasions contradicted each other. That is because you have become utterly entrenched in your belief in your right to ignore rules that apply to other people, and have become obsessed with a battle that has no purpose.
“You could have changed the mooring style of the barge at any time and brought this to an end. One would think that most rational people confronted with the situation, even if they thought they were right, would have done so rather than engage in the protracted years-long litigations that you have chosen to pursue. It is utterly irrational.”
Judge Carr said he had some sympathy with Mr Richards due to occasional confusion the MMO had with what was and was not allowed with anchoring. “Differences that, by the time they litigated, you were in no doubt they had resolved.”
The judge added: “The desire to provide a home for yourself and your child on the moored barge on a human level one can understand.” He said that Mr Richards never had any defence that stands up to any examination, “which the jury very rapidly concluded”.
“Government bodies are short of money; prosecuting cases like this means money can’t be used for more positive things. You have known from day one that costs were a real problem. I said – not to frighten you but to assist – that you were liable to end up losing the land and the boat. I have little doubt that’s exactly what has been achieved.”
Judge Carr ordered he should pay £15,000 of the £21,000 sought by the MMO to be paid by May 23, 2025. “I have to make sure that any costs order is proportionate and is not in itself a punishment. This is the most self-inflicted wound I’ve ever seen. You knew what you were doing and chose bullishly to go ahead despite the inevitable consequences.
“It stops and stops today. Either the appropriate licence is obtained [for the boat to stay] or the barge is moved with the appropriate licences obtained. The pursuit of this case has not been criminal in the classic sense of the word but misguided.”
After handing Mr Richards a three-year conditional discharge, the judge added: “If you get in trouble in that time, particularly in regards this barge, you can be re-sentenced and that could mean custody if the breaches are bad enough. It is now entirely in your court.”
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