A landowner trying to evict a Harwood farmer from his home of more than 44 years has told a judge that he has no moral obligation towards him.
Farmer Arnold Davenport claims Christopher Holt's late father, Liberal MP Arthur Holt, gave him a gentleman's agreement that he could stay at Nab Gate Farm, Stitch-mi-Lane, Harwood.
But Mr Holt told a county court judge in Bolton yesterday: "I don't think that my father would have done anything different to what I have done. I do not have a moral obligation to him."
Mr Davenport appeared in court for the second day of a trial after he breached his eviction order from the site.
He had staged a rooftop protest defying bailiffs in July and faces a possible jail sentence as well as losing his home where he has lived since he was 14.
Mr Holt senior died suddenly days after he allegedly gave his word that the farmer could stay at Nab Gate in 1989.
Mr Holt junior said that he needed to sell the farm to meet the cost of his mother's nursing home fees.
He said that he had been willing to sell the farm for £330,000 plus £6,000 for a further three acres and said: "I just wanted to raise the capital -- it doesn't matter who it (the farm) goes to."
But the farmer failed to buy the property in May.
The crux of the defence case rests on an agreement signed by Mr Davenport in August 2001 in which he signed a document agreeing to give up possession of the farm.
Defending, Ms Katherine Dunn QC, suggested that the illiterate farmer did not understand the document and did not know that he was signing his rights to the property away.
The court, packed with Mr Davenport's supporters, heard how Mr Davenport had taken no part in drawing up details of the agreement but had relied on a family friend, Mr Andrew Rothwell.
Mr Davenport said Mr Rothwell had been given no authority to act as his solicitor and the exact details of the document had never been explained to him.
Mr Tom Profitt, a solicitor for Bolton firm, Cyril, Morris, Arkwright respresenting Mr Holt, admitted that Mr Davenport had taken little part in drawing up the details of the "consent form" which would sign his rights to the farm away.
Mr Profitt said that most of the detailed discussions had been carried out by Mr Rothwell, a solicitor in Exeter who he believed was acting on Mr Davenport's behalf.
Mr Holt admitted to the court that he knew that Mr Davenport could not read and write very well.
District Judge Derwin Hope heard Mr Davenport described as an "unusual character" who had run the farm single-handedly after becoming a partner with tenant farmer Mr William Dawson, who had also lived at the farm until he died in 1989.
His defence counsel described him as a "completely devoted to his farm".
(Proceeding)
A LANDOWNER trying to evict a Harwood farmer from his home of more than 44 years has told a judge that he had no moral obligation towards him.
Farmer Arnold Davenport claims Christopher Holt's late father, Liberal MP Arthur Holt, made with him a gentleman's agreement that he could stay at Nab Gate Farm, Stitch-mi-Lane, Harwood. But Mr Holt told a county court judge in Bolton yesterday: "I don't think that my father would have done anything different to what I have done. I do not have a moral obligation to him."
Mr Davenport appeared in court for the second day of a trial following breaching of an order evicting him from the land.
Mr Holt said that he needed to sell the farm to meet the cost of his mother's nursing home fees.
He said it didn't matter who the farm went to, but Mr Davenport failed to buy the property in May.
The judge has been told of an agreement signed by Mr Davenport in August, 2001, in which he agreed to give up possession of the farm.
Ms Katherine Dunn QC, for Mr Davenport, suggested that the illiterate farmer did not understand the document and did not know that he was signing his rights to the property away. The court, packed with Mr Davenport's supporters, heard how Mr Davenport had taken no part in drawing up details of the agreement but had relied on a family friend, Mr Andrew Rothwell.
Mr Davenport said Mr Rothwell had been given no authority to act as his solicitor and the exact details of the document had never been explained to him.
Mr Tom Profitt, a solicitor for Bolton firm, Cyril, Morris, Arkwright respresenting Mr Holt, admitted that Mr Davenport had taken little part in drawing up the details of the "consent form" which would sign his rights to the farm away.
Mr Profitt said that most of the detailed discussions had been carried out by Mr Rothwell, a solicitor in Exeter who he believed was acting on Mr Davenport's behalf.
The case was continuing today.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article