Belfast Telegraph

Wednesday 17 September 2014

Smoker's Supreme Court bid is rejected

A legal challenge to Northern Ireland's smoking ban cannot go before the Supreme Court, senior judges have ruled.

North Down man Chris Carter wanted to take his case to the highest court in the UK.

But the High Court in Belfast refused permission because no point of general public importance had been established.

Mr Carter, who has been prosecuted for flouting the prohibition, was also warned that he faces being sent to prison unless he paid a fine imposed on him.

The 57-year-old has been involved in a four-year legal battle to quash his conviction for lighting up at the front of Bangor Town Hall in October 2007.

He was prosecuted under the Smoking (NI) Order 2006 because it was a no-smoking area. A fine and costs of £1,250 in total were imposed on him at the time.

Mr Carter represented himself in an attempt to judicially review the legislation. He claimed his rights to privacy and freedom from torture and discrimination were breached. A panel of judges dismissed his case last year.

He then applied yesterday to have his case reopened. Failing that, he also sought leave to apply to the Supreme Court.

However, Lord Justice Girvan dismissed his request and ruled that no certifiable point of public importance had been identified to warrant taking the case to the Supreme Court.

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