In a very widely publicised decision, Annabel Graham Paul has successfully prosecuted a property developer and his tree surgeon for felling a giant redwood and 72 other trees in Swansea in breach of Tree Preservation Orders.
All three Defendants initially argued the prosecution was an abuse of process because the TPOs were nullities as they had not been served on the correct landowner. These arguments were rejected by the District Judge.
The tree surgeon, Arwyn Morgan, thereafter pleaded guilty to the offences and the property development company, Enzo’s Homes Ltd, and Director, Fiorenzo Sauro, fought the trial but were found guilty on the basis that they had deliberately directed the felling.
Fiorenzo Sauro was fined £180,000, the company £120,000 and Arwyn Morgan also £120,000.
Some press commentary is below:
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