Travellers jailed for refusing to leave site

4 November 2014

A TRAVELLER family has been jailed for living illegally on the controversial Smithy Fen site in Cottenham, Cambridgeshire.

Thomas, Nora, Johan and Kathleen Boswell each got four months in prison for contempt of court after breaching injunctions imposed in 2007.

They were living on part of the site at Cottenham and were sentenced on Monday for failing to comply with court orders barring residential occupation.

Although High Court judge Mr Justice Holroyde said the family only moved on to Plot 4 - Victoria View, Smithy Fen, last December or January - it was highly likely they knew their occupation was unlawful.

The judge said: "The orders of the court are meant to be obeyed and not to be ignored with impunity."

He also found travellers David and Margaret Sheridan guilty of contempt for remaining on Plot 8. However, because the Sheridans have two young children and Mr Sheridan recently had a serious operation, he gave them a four-month prison sentence, suspended for four months.

The same order was made for Bridget Gammell, also because she has children. He also found four other travellers who have left the site guilty of contempt of court.

Margaret O'Brien, Nellie Quilligan and Hannie Flynn were given three months in prison, suspended for 12 months on condition that they do not return to the site.

In the case of Kathleen Sheridan, he took the "exceptional course" of making no order against her, despite finding her guilty of contempt of court.

He said he had "particular difficulty" dealing with the case of Ms Sheridan, who had claimed to have the honest belief the council was going to remove the caravan.

Ms Sheridan, Margaret O'Brien and Nellie Quilligan were each given 28 days to have their static caravans sold, removed, or demolished.

David and Margaret Sheridan will also have to leave the site, or run the risk of facing renewed proceedings.

The injunctions were made in 2007 after a legal fight by travellers to live on the site was fought unsuccessfully all the way to the Court of Appeal.

Cllr Nick Wright, the district council's portfolio holder for planning, said: "This has been a long and complex process and I hope that today (Wednesday, 01 April) sees its conclusion.

"We believe that planning laws apply to everyone - only in their consistent application can we see the fairest outcome for the whole community. In flouting the injunction on this land, the defendants have shown contempt for the court and this has been recognised in today's decision.

"We would much rather not have to take these steps to defend the land in question, but the message today sends is that we will do so if necessary."