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Legal action likely over `trashed' Christmas trees

Santa Claus could be in for a nasty surprise when he arrives in Bermuda with his stash of gifts this year -- many families may not have a Christmas tree.

A major local Christmas tree supplier took legal advice yesterday on suing for up to $150,000 after Government inspectors "trashed'' some of his trees.

And he alerted festive families that the wrangle meant Bermuda would suffer a shortage of trees this year.

BGA Group president Ward Young told The Royal Gazette the company could be left with a huge bill over the balsam trees: "Our total exposure is $150,000 -- that's how much this could cost us.'' He consulted lawyers about suing for the lost money and was last night still deciding whether to proceed.

"Our lawyers have advised me that preliminarily we do have a claim. They are now discussing against whom.'' Options include suing the Government or the "pest control people''.

"Regardless of whether we can sell them, we have to pay the cost of us buying the trees, the freight of trees, the duty, and the fumigation which we will have paid twice -- once in Canada and once here in Bermuda.'' "It was the second fogging which wrecked them and in our minds it was unnecessary. It trashed them.'' He said before leaving Canada the trees were fogged according to Bermuda Department of Agriculture and Fisheries specifications and the Canadian Agriculture department endorsed a certificate confirming that.

"They gave us full certification that the bug was killed exactly in accordance with specifications here. But when the trees arrived, that wasn't enough any more.

"An inspector found a mite or an egg, decided they had to be fogged again and turned the trees to toast.'' He stressed that some of the load was unaffected and those trees were still in perfect condition for sale.

As a result of the "mess'', the BGA Group -- which has provided the festive season staple here for 40 years -- had decided to exit the Christmas tree business until local authorities clean up their policy.

Trashed trees "They changed the rules midstream which is just not fair. They told us what we had to do so we did it but then they made a whole new set of rules up.

"It's sad that we have to stop but it's just too much of a logistical nightmare -- I remember delivering trees as a boy from our trucks 40 years ago.'' But Agriculture and Fisheries director John Barnes stood by his inspectors.

"When these trees were examined here they still had live, viable pests -- pine needle scale. We were just doing our job.'' He said if the pest was allowed to spread here it would threaten the Island's precious Bermuda cedar trees.

At least two local businesses will be doing their utmost to provide Christmas trees this holiday season following BGA's announcement.

Both Lines Food and Liquor owner Richard Powell at Ord Road and Gary Mello at the Woodlands Road fruit and vegetable stand in Pembroke are willing to obtain extra trees to meet local demand.

However, to avoid over-ordering, orders must be placed in person by Monday.

COURTS CTS