🌳 Prominent attorney faces charges for removing protected species

James Bergstrom, a corporate attorney and partner with Ogier, is facing charges for the removal of buttonwood trees, a protected species, from a property in East End. Bergstrom, who owns Bon Crepe Ltd, cleared several acres of pristine habitat for a road without planning permission. His attorney, Ben Tonner KC, is currently in discussions with the crown regarding the case, which he described as "complex" and "unusual". The case has been adjourned until the end of the month to allow for further discussions with prosecutors. 🌲

The Department of Environment (DoE) had issued a cease and desist order to Bergstrom for work that had been carried out at the site over a four-year period. After the work stopped, the DoE conducted a site visit and found evidence that four protected species had been removed, including the buttonwood trees. Charges were subsequently laid against Bergstrom. Despite this, the Central Planning Authority granted after-the-fact permission for the land clearance earlier this year, a move that the DoE had advised against due to the sensitivity of the land, which is a habitat for the blue iguana. 🐊

Bergstrom has argued that the criminal charge is not possible where planning permission has been granted. He also claimed that the DoE had not contacted him about the clearance work until last year, even though they had been aware of it since 2019. The DoE had contacted the attorney general and passed on advice to planning to enable that department to issue an enforcement notice, which it did not do. The case continues, with the National Conservation Council considering a judicial review. ⚖️