The legal battle over Fermain cafe may have gone smoother if different politicians were in charge at the time the States went out to tender, the current Policy & Resources President has said.

Deputy Lindsay de Sausmarez made the comments as Guernsey’s senior political committee took to the stand at the first Scrutiny hearing of this political term – with the focus on the States Property Unit.

Officials had already described how the Law Officers had advised they were unable to take on the case and recommended that external legal resources were used, before Deputy de Sausmarez suggested the previous P&R had been too “bullish” and “fractious” over the dispute.

The States announced it was going to tender for the lease last April and decided to go with a new operator for the site – but the current tenants refused to vacate and challenged their eviction in the courts.

The Royal Court decided to grant a three-year stay of eviction to Belmiro de Freitas and Manuela Walter who have run the cafe for decades, with the States’ legal bill exceeding £100,000.

The current P&R already said it intends to recover its legal costs, and Vice-President Deputy Gavin St Pier said yesterday the committee is “keen to reach a mutually agreed solution outside of the courts”.

Deputy de Sausmarez told the panel that while she had limited evidence or knowledge of the decisions made in the past, she is “keen to understand how we end up in situations like this”.

She said there may have been a different approach adopted had there been different political minds around the table when key matters were considered.

Deputy de Sausmarez said she is hopeful the “interface” between parties and the government can be improved.

She added it was her “personal perspective” that the approach taken “doesn’t sit well with me”. 

The previous Policy & Resources which made the decisions over the lease and subsequent legal options defended going out to tender and selecting a new operator as “good commercial practice”.

A major redevelopment of the building with multiple storeys was envisaged.