Smoking ban battle hits hurdle
A one-man battle to overturn the smoking ban has run into a legal hurdle.
Friday, 30 October 2009
Chris Carter, of the Smokers Rights Movement UK-Ireland, has been fighting the ban for two years after he became the first person in north Down to be issued with a penalty ticket for smoking in a public place.
Mr Carter, 57, a former security employee, from Dufferin Avenue, Bangor, wants Judge Grant to state the legal reasons for dismissing his appeal against a £250 fine.
But in the Appeal Court in Belfast today Mr Carter, who is conducting his own case, was told that the court had not the power to compel Judge Grant to state his reasons in writing.
"That power lies with the Judicial Review Court," explained the Lord Chief Justice Sir Declan Morgan.
He told Mr Carter: "To ensure that you can proceed with your application we will adjourn the matter generally to enable you to take the steps you need to take."
Mr Carter said that for personal reasons he would not be available for some time.
"Matters have to be brought forward expeditiously including those involving personal litigants," replied Sir Declan.
Outside the court Mr Carter said: "I will take the Lord Chief Justice's advice. I have the greatest respect for Her Majesty's court system.
© UTV News