Four firefighters, sacked for refusing to resign, may finally be able to return to work after a High Court ruling on Wednesday.
Stephen Dunbar, Barry Kearley, Bernard Ross and Richard Thoroughgood, based at Basingstoke, were told to quit by Hampshire Fire and Rescue Service (HFRS) in September, 2000, after a tribunal upheld an earlier ruling that they had sent a colleague to Coventry.
Following an appeal to Deputy Prime Minister, John Prescott, in June last year, which they were allowed under the service's rulebook, he recommended they be reinstated.
The firefighters had to go to the High Court to have the recommendation implemented and they then fought off an appeal brought by the HFRS.
But in another twist to the long-running legal saga, the HFRS this week launched its own High Court challenge in an attempt to have Mr Prescott's decision declared unlawful.
Richard Jones, QC, said Mr Prescott had taken too long to make his findings and had then explained them in just "one short paragraph".
He also rejected arguments that the case should be dismissed because the HFRS specifically stated, at previous hearings, that it would not challenge Mr Prescott's findings.
Mr Jones said the HFRS only said it wouldn't because it firmly believed it did not have to reinstate the men. The barrister also said that, although the judicial review had been brought almost a year later than it should have been, it was of such importance, it should not be thrown out for delay. Mr Jones said of the Deputy PM's decision: "We don't know how he made it, who made it, or when it was made".
But, after listening to two hours of legal argument, Mr Justice Silber rejected Mr Jones's claims and dismissed the case. He will give his reasons at a later date. It means the firefighters could finally get their jobs back unless the HFRS decides to take their latest challenge to the Court of Appeal. "The Basingstoke Four", as they have been dubbed, are also awaiting more than £280,000 in back pay.
Mr Dunbar (45) is from Basingstoke; Mr Ross (53) is from Kingsley, near Alton; Mr Kearley (41) is from Aldershot; and Richard Thoroughgood (31) is from Southampton.
Mr Ross, now a postman, said after the ruling: "We are not going to celebrate, because we've celebrated too many times before. If there's anything the HFRS can dig up, it will keep digging. I have suffered depression and lost the last five-and-a-half years of my life."
Mr Ross was joined in court by Mr Dunbar, now a window cleaner. Both men believe they should be entitled to damages, as well as to their backpay.
Hampshire Fire and Rescue said it was disappointed by the Appeal Court decision. A spokesman said chief officer, John Bonney, regretted the need to go through such a protracted and complex legal process.
Judge Silber is to give the reason for his judgment on Wednesday and there is no indication yet whether the brigade will continue its fight. "We will meet with fire authority members to discuss the implications after Judge Silber's further explanations," the spokesman said.
Some commentators have suggested the legal battle has already cost the brigade millions of pounds, but the spokesman said he did not know how much the bill was. "We won't be adding it up until it's all finished."
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