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Fermain Beach Cafe patrons toast tenants’ court victory

Patrons of the Fermain Beach Cafe were celebrating in the sunshine with its current tenants yesterday after they secured a three-year stay of eviction in the Royal Court.

Mort Mirghavameddin had come down especially to toast their continued tenancy
Mort Mirghavameddin had come down especially to toast their continued tenancy / Guernsey Press/Sophie Rabey

Belmiro de Freitas and his partner Manuela Walter won their court case against the States on Thursday, but celebrated by returning to work.

Mort Mirghavameddin had come down especially to toast their continued tenancy.

‘I’m delighted they have won their battle,’ he said. ‘I was surprised when the place was put up for tender. I can understand that the States wanted to get more for their property, however some properties are an institution in themselves, and this is one of them.’

The long-running dispute began in April last year after the beach cafe’s lease was offered to interested parties, along with the chance to develop the premises into a three-storey building.

The tender was finally awarded to Pearl Oyster, which owns Coco and Lola in St Peter Port, however Mr de Freitas and Ms Walter refused to move out and have continued trading all summer.

The States had come in for criticism after it was revealed that its bill for outside legal advice had reached £100,000 two months before the case was heard in court.

‘They have done a lot to the place since I first came down eight years ago and are a wonderful couple,’ said Mr Mirghavameddin.

‘It’s a wonderful place to come for lunch and a massive asset to the island. It’s just so sad it ended up in a turf war with the States and so much taxpayers’ money was wasted. If it was £100,000 a few weeks ago it must be more than £130,000 now.’

Mr Mirghavameddin said he believed that if the couple had been offered an extra three years at the start of the process, they might have accepted it.

‘If they had offered them that and then told them it would go to tender it would be more understandable,’ he said. ‘But just to drop it on them without notice after they had been here so long wasn’t right.’

Another customer, who asked not to be named, said she had followed the story since it began almost 18 months ago.

‘I’m thrilled to be hearing this on such a lovely day and thrilled Belmiro is still at the helm,’ she said. ‘I’m just confused at the way the States have handled themselves.’

Another regular described the States handling of the eviction and lease as a debacle.

‘It all seemed rather irregular,’ he said. ‘There should be some accountability and consequence as it was taxpayers’ money. The States may have had a legal argument, but that does not take into account the bigger picture. To me it’s state overreach and it’s not unique to Guernsey, we are seeing it all over.’

The States legal bill may rise even further, as the question of who is responsible for Mr de Freitas’s court costs was not resolved this week, and is due to be decided at a later date.

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