The £60 cigarette

GUERNSEY'S first smoker to break the ban was fined £60 yesterday. Jason Duncombe, 24, was found guilty in the Magistrate's Court after the barmaid at The Happy Landings said that she had seen him with a lighted cigarette in the pool hall.

And despite the low fine, advocates of the ban believe it will still be effective.

Director of public health Dr David Jeffs said: 'I think it is public opinion that will have the largest effect rather than a lawful deterrent.

'In most other jurisdictions that have introduced a smoking ban, it is the public who have policed the majority of instances.'

But anti-ban campaigner and Guernsey Licensed Victuallers' Association president Peter Leigh said: 'I personally think nobody should be fined at all because I still think the law is an ass.

'It's a shame that with everything going on, the police have got time to go and arrest somebody for smoking when more serious crimes are taking place - what is more important in this island?'

He said that £60 was not too severe.

'But I still think nobody should be fined for smoking.'

The incident happened at about 9.30pm on 1 June.

Barmaid Leanne Priaulx told the court that Duncombe had been inside about 1.5m away from open fire doors and she was sure he had been smoking.

Miss Priaulx added that she was 100% certain that was the case.

But Duncombe, of The Bungalow, Vazon Coast Road, Castel, said that he had been outside with half a dozen others about three or four feet away from them.

He claimed that the barmaid had 'a grudge'.

Asked whether he thought the woman would come to court and lie, he replied: 'Pretty much. That's what girls do.'

Asked by the prosecution how he had felt when the smoking ban came in last summer, Duncombe, who has smoked for 10 years, said: 'You have to go outside with everyone but you get used to it now. A bit of fresh air.'

Advocate Andrew Ayres said that the issue was whether his client was inside or not and whether, if inside, he was smoking.

Due to the unusual nature of the case, he believed the prosecution should provide evidence that made it certain - from a number of witnesses - because it was otherwise one person's word against another's.

''The barmaid' may even have been disgruntled that they were near the door and smoke was billowing into the room.'

Assistant-Magistrate Philip Robey said that he was convinced the evidence given was the truth and he did not believe Duncombe's account.

But he added that the offence was 'right at the bottom end of the scale'.

Guernsey Adolescent Smoke-free Project manager Di Lawrence said: 'We wouldn't want to focus too much on the actual fine itself.

'What is great is that there has been only one case brought to court in over a year since the ban was brought into effect. Our surveys have shown that 70% of islanders, including smokers, are still pleased the ban was brought in on 2 July 2006.

'We are extremely pleased the ban is being taken seriously by the courts, but we wouldn't expect anything less - it's a law like any other.'