27/07/2011 Look East - East


27/07/2011

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Transcript


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Hello and welcome to Look East. In the programme tonight.

:00:06.:00:09.

Cleared of blame - the National Trust will not have to pay

:00:09.:00:11.

compensation, after a falling branch killed a schoolboy and

:00:11.:00:20.

injured three others. Feared we have to measure risk and do

:00:20.:00:25.

everything to mitigate against risk, but we can never guarantee personal

:00:25.:00:28.

safety. No comment from former MP Charles

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Clarke over claims he was followed by an investigator from the News of

:00:31.:00:33.

the World. Match abandoned. The pre-season

:00:33.:00:35.

friendly that was stopped mid-game, after a collision between two

:00:35.:00:41.

players. And I will be reporting from the

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Hello. The "cruellest coincidence," that's

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how a High Court judge described the death of an 11-year-old

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schoolboy. He was killed, and three other children were injured, when a

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huge tree branch fell on them. The ruling today clears the

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National Trust of blame and means not a penny in compensation will be

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paid to the families. They had claimed the tree had not been

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properly maintained. Daniel Mullinger was killed instantly and

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Harry Bowen was seriously injured and now uses a wheelchair. It all

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happened during a school trip from West Bergholt, in Essex, to

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Felbrigg Hall, in Norfolk, in 2007. Ten children from Heathlands

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Primary School were on the Monster trail in the Great Wood on the

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Felbrigg estate. It began to rain and they sheltered beneath a tree.

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A massive branch from the ancient beech tree crashed to the ground.

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11-year-old Daniel Mullinger, trapped beneath it, died instantly.

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Three of his companions were seriously injured and traumatised.

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The following year, 12-year-old Harry Bowen, who suffered serious

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pelvic and internal injuries, attended Daniel's inquest. The

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class teacher said she had heard a noise like the creaking of a door

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in a scary movie before the branch fell. The coroner heard claims from

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an independent expert that the tree had been in a poor condition. Last

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month, Harry, now 15, was at the High Court, as the four families

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jointly sued the National Trust. They claimed it had failed to take

:02:13.:02:16.

reasonable care for the safety of visitors. Their compensation claim

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was aimed at providing Harry with the care and support he needs for

:02:19.:02:29.
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the rest of his life. In his judgment and, the judge said there

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were a quarter of a million trees here and the beech tree had been

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inspected five months earlier and was not a cause for concern. This

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was a mistake, but there was no such thing as a completely safe

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tree. This was an art, not a science and the trust was 9th and

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negligent or in breach of its duty, in he his opinion -- was neither

:02:53.:02:56.

negligent. After the ruling, the families issued a statement through

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their solicitors. This remains a very personal tragedy for the four

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families involved. The judge said the claimants had suffered grievous

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loss and injuries. And that the branch fell as the children stood

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beneath it was the cruellest coincidence.

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In a moment, we'll get reaction live from the National Trust at

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Felbrigg Hall. But first, with thousands of people visiting parks

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and gardens, is there anything that can be done to protect against the

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risk of falling trees? Alex Dunlop has this report.

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Our region is home to the country's largest low lying pine forest. But

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the Forestry Commission, which manages Thetford Forest, knows that

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the safety of those who play among its branches, or relax below, lies

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largely on its shoulders. This but he has become detached from the

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tree. Cue Martin Webb. His job is to make sure trees here are not a

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danger to the public. We have a duty of care for the trees on our

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estate. And so we inspect them. And we have a system so that if a tree

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is beside a public road or a right of way or Ripley area, we inspect

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that annually. Those visiting Thetford Forest this afternoon

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seemed unaware of the potential dangers of the overhead canopy.

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come here all the time and it never crosses my mind, I always feel safe.

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In never worries me, I always feel very safe in trees. The death of

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Daniel Mullinger at Felbrigg Hall was described as a cruel

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coincidence. But just four weeks ago, 13-year-old Sophie Howard was

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also killed by a falling branch at a playground in Yaxley, near

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Peterborough. Landowners like the Forestry Commission and the

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National Trust are legally required to ensure that visitors are

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reasonably safe and that risks are reduced as far as is practicable.

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Even small-scale events like this court should trial in Norfolk have

:04:47.:04:52.

to ensure the safety of visitors -- sculpture trail. Organisers spend

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money on public liability insurance. We tried to make sure that if there

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are risks for people, we try to eradicate them as much as possible.

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It will be it of course impossible to get rid of them all those.

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Independent risk assessors can be called in, because insurance

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companies demand it. Be it enables organisations to identify the

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hazards associated with their premises and also to ensure that

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the correct controls are in place to implement the risk assessments

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correctly. Some would argue that health and safety can go too far,

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such as the proposal in this town to ban hanging baskets for fear

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they could topple over. But tragic events such as the death of Daniel

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Mullinger demonstrate the public can be at risk. But organisers can

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only do so much to protect them. Nick champion, from the National

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Trust, it is at Felbrigg Hall now. You see the injuries to Harry, is

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there a moral obligation? Nobody would be human if they did

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not see that at the heart of this case is a real human tragedy.

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Daniel lost his life and others were injured. This has been very

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much a compensation case and it is not about a moral or legal

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obligation, it is much more complicated. I would wish that

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everybody could care for Harry in the way he will need in the future,

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but in terms of legal obligations, the judge found we were not at

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fault. We heard the expert witness who said the tree was in poor

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condition, would you go along with that?

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It is a matter of measuring of the risk. If that had been in a high

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usage so and that many more thousands were walking underneath

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it each year, it would have been tagged -- usage zone. And work

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would have been carried out. The judge made doubt have the risk can

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be measured, quite rightly. Factory was in a lower usage area and when

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the trail was started, it was moved to engage in usage area. So there

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was a requirement to inspect it twice a year, and here, it was

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inspected annually and five months before. Are we are reaching a stage

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where the only way to keep people save is to stop them going into

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woodland? When you say truly safe, that is

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interesting. We welcome 23 million people to our countryside

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properties each year and the recent interest from the public about

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government plans to sell off the forest means access to the

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countryside and to nature and trees in particular are very important to

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many people. We would hate to not be able to welcome people to our

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properties and countryside. We have to measure that risk and mitigate

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as far as we possibly can to ensure the safety of people in terms of

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our duty of care. But we can never guarantee safety. And have you made

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changes since the accident? I would treat inspection policy at the time

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this accident happened was in the process of review -- I would read

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inspection policy. We are always looking at procedures to see if we

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can learn from other people and from the wider industry. But many

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people come to the National Trust for advice about safety so we feel

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our procedures are robust and comprehensive and the best they can

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be, but we constantly will monitor that for the future.

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Thank you very much. The former Home Secretary and Norwich South MP

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Charles Clarke has refused to comment on allegations that he was

:08:44.:08:47.

followed by a private investigator from the News of the World. Look

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East has been told that it happened during his time as Home Secretary.

:08:52.:08:54.

This exclusive report is from our home affairs correspondent, Sally

:08:54.:09:03.

Chidzoy. For 10 days in 2005, they followed him everywhere. When the

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then Home Secretary visited a police office, at a private

:09:07.:09:11.

investigator and photographer was following him. He was watched again

:09:11.:09:17.

at a hospital. But no story was written. Charles Clarke has

:09:17.:09:22.

declined to comment, but earlier this month, in an article she wrote,

:09:22.:09:28.

said she did not shed a tear when the newspaper was closed. She said

:09:28.:09:38.
:09:38.:09:39.

On Friday, the BBC revealed how Labour MP Tom Watson was also

:09:39.:09:43.

followed by a private detective while he attended his party's

:09:43.:09:48.

conference in Brighton in 2009. He led the uncovering of the phone

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hacking scandal. A source told the BBC so many politicians were

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followed that it was unbelievable. A spokesman for News International

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said they had no statement to make. Later in Look East, changes to

:10:02.:10:04.

housing benefit. How some people could lose out.

:10:04.:10:12.

There's the latest in our "ones to watch" for London 2012.

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And Mike's been hob-nobbing with Royalty at the Sandringham Flower

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Show. The weather has not been brilliant

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but the crowds have turned out and it seems to have gone well. I will

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tell you about the flower show after more news from your part of

:10:25.:10:34.

A man has been sentenced to 13 years for sexually abusing children

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in King's Lynn. Victims of Gary Auker found the courage to speak

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out after making contact on Facebook. Amelia Reynolds has been

:10:40.:10:46.

following the story, she's in our newsroom now.

:10:46.:10:50.

Gary Auker was told in court today that his past had caught up with

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him. The 52-year-old sexually abused children between the years

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of 1975 and 1990 at his home in King's Lynn. The victims, girls and

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boys, are between four and 14. Today, the judge told him, no doubt

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your past offending was just a memory, but for a number of people

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it was a memory that haunted them. Did the police uncovered the abuse?

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This is where Facebook came in. Last year, Gary Auker asked a

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previous victim to be his friend on Facebook and that brought back

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terrible memories of abuse, but posted a message saying, children

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do not forget and I have not forgotten what you did. Then other

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people who said they had been abused also got in touch with her

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on Facebook and through this collective confidence, they were

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able to contact the police. Gary Auker has claimed his innocence

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throughout. He has, when he was arrested, he branded the

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allegations against him as ridiculous. And police have said

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today that by not pleading guilty, he made his victims relive their

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ordeal in court and that greatly affected not only them but their

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families who had to listen to their ordeal in court as well. Gary Auker

:12:10.:12:15.

will remain on the sex offenders' register for life and tonight he

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begins his jail sentence. The Independent Police Complaints

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Commission will investigate how the case of a woman who was murdered in

:12:21.:12:24.

Essex was investigated. Jeanette Goodwin died in hospital after

:12:24.:12:28.

being stabbed at a house in Southend on Sunday. It has now

:12:28.:12:31.

emerged the police had been in contact with her during the course

:12:31.:12:34.

of this year. A man has been charged with her murder.

:12:34.:12:37.

The police have released pictures of three men wanted in connection

:12:37.:12:40.

with a murder at a cannabis factory. They say Anthony Morrisson, Stephen

:12:40.:12:43.

Morrisson and Terry Gould are dangerous. The body of a Vietnamese

:12:43.:12:46.

man was found in an industrial unit at South Woodham Ferrers in

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December. Campaigners have finally lost their

:12:52.:12:55.

battle to stop Tesco building a superstore in a town in Essex.

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Shopkeepers in Manningtree were worried they'd get fewer customers

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and the streets would by clogged with extra traffic, but last night,

:13:01.:13:11.
:13:11.:13:12.

Tendring District Council voted the plans through.

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England's smallest market town, the scene of their latest victory for

:13:16.:13:20.

one of Britain's biggest supermarkets. Tesco can now build a

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new store after a three-year planning bottle -- battle. 8 -- and

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all go up -- an organisation was formed to fight the application and

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says it is bemused by the council's decision to allow it. This woman

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described by she is disappointed. It will destroy the individuality

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of high streets. It is just another corporate giants trying to take

:13:46.:13:52.

over. Test go is determined it won a 14 year battle to open in

:13:52.:13:57.

Sheringham in Norfolk -- Tesco. But plans for a store in Hackney in

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Suffolk were thrown out recently. There is a Tesco Express here

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already, but now these derelict buildings near the high street will

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be bulldozed and a superstore built instead. Does not bother me, it

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will bring more trade to the village or the town. Look at this,

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it is an eyesore. The people opposed to Tesco, are they clearing

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this mess up? They are not stop my a local parish council also backed

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the plans by Tesco. I hope it will bring vibrancy to the area and a

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few more people, because if you go during the week, apart from when

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there is a market, there are hardly any people. And Tesco says the new

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store will attract shoppers to the town and attract jobs.

:14:43.:14:46.

Network Rail has dealt with more than a thousand incidents of

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trespass and vandalism in this region over the last year. Pictures

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of a rock being thrown through a window have been released to

:14:52.:14:54.

highlight the start of a safety campaign to coincide with the

:14:54.:14:58.

school holidays. The Court of Appeal has rejected

:14:58.:15:00.

calls for a judicial review.over the decision to allow Southend

:15:00.:15:04.

Airport to extend its runway. The campaign group Stop Airport

:15:04.:15:06.

Extension Now says the lives of 60,000 residents and businesses

:15:06.:15:16.
:15:16.:15:23.

could be blighted forever. The airport has welcomed today's ruling.

:15:23.:15:25.

A pre-season friendly between Colchester United and Ipswich Town

:15:25.:15:28.

was abandoned last night, after a serious head injury to one of the

:15:28.:15:31.

players. Andy Bond, of Colchester, was knocked unconscious in a

:15:31.:15:33.

collision with his own goalkeeper. With 12 minutes left, Colchester

:15:33.:15:36.

United's game with Ipswich Town was abandoned, following a sickening

:15:36.:15:38.

injury to Andrew Bond. The immediate pictures are too

:15:38.:15:41.

disturbing to show. He had collided with his goalkeeper, Mark Cousins,

:15:41.:15:45.

and medical staff were soon by his side. It didn't take long for both

:15:45.:15:48.

sides to realise the seriousness of the injury and, after consultation

:15:48.:15:51.

with both managers, the referee decided to call the game off, as an

:15:51.:15:59.

ambulance had to be brought onto the field. We have got doctors and

:15:59.:16:04.

medical people here who know what the doing. He was disorientated and

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has cut and has lost a tooth and was unconscious for a short while.

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We needed the ambulance on the pitch. They thought they would have

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to carry him off because it was pretty serious and I am pleased he

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managed to get on his feet but still did not quite know where he

:16:19.:16:24.

was and what was going on. So the referee made a very good decision.

:16:24.:16:27.

After extensive treatment, Bond did come round and was helped off the

:16:27.:16:30.

pitch by medical staff, and taken straight to hospital. No-one is

:16:30.:16:34.

going to gain anything by having another five or six minutes.

:16:34.:16:38.

Particularly the players that will stay on because they were visibly

:16:38.:16:42.

upset. So the right decision and hopefully the player will be OK.

:16:42.:16:45.

The decision to end the game wasn't universally popular. Bond was kept

:16:45.:16:48.

in hospital overnight and has had a number of scans, as well as an X-

:16:48.:16:51.

ray to check for a possible fractured cheekbone. There is huge

:16:51.:17:01.
:17:01.:17:04.

You're watching Look East from the BBC. Coming up. The Paralympic

:17:04.:17:14.
:17:14.:17:18.

sprinter aiming high for London 2012.

:17:18.:17:21.

As we all know, the Government is trying to save money wherever it

:17:21.:17:24.

can. One area they looked at very closely was housing benefit, where

:17:24.:17:26.

saving could run into billions of pounds.

:17:26.:17:29.

Back in April, the system was changed to cap the amounts that

:17:29.:17:32.

local councils can pay out. It is just beginning to have an effect,

:17:32.:17:36.

but there was a warning today that it could hit families hard over the

:17:36.:17:40.

next two years. There are other changes expected to

:17:40.:17:47.

save billions. But behind every headline is someone facing reality.

:17:47.:17:49.

Today at this housing ferry Northampton, many people receiving

:17:50.:17:53.

housing benefit said they were confused about the reforms. But

:17:53.:17:59.

those who did understand were furious. I am so angry about it.

:17:59.:18:04.

They are not being affected but we are, the ordinary people. That is

:18:04.:18:10.

wrong. One of the things that is worrying because I have to make

:18:10.:18:15.

about �42 a month, where do I get that? I cannot afford it and I wish

:18:15.:18:20.

somebody would tell me. So what is happening? Changes to local housing

:18:20.:18:24.

payments were introduced in April limiting the amount paid out. There

:18:24.:18:30.

was a cap on payments for each type of property, �250 a week for a one-

:18:30.:18:37.

bedroom which -- for a one-bedroom house to �450 for four bedrooms.

:18:37.:18:41.

The system of being able to keep excess payments has been abolished.

:18:41.:18:46.

It will save �2.4 billion a year. The coalition is hoping for a

:18:47.:18:50.

fairer system that will see less people put off work before up --

:18:50.:18:56.

put off work because they fear losing benefit. But critics fear it

:18:56.:18:59.

will lead to families like this, their benefit has already been

:18:59.:19:04.

reduced not true aim used system but through the review. Their

:19:04.:19:08.

landlord has served them notice and they will be evicted in three weeks.

:19:08.:19:14.

When we worked out our finances, we have �1 a week to spare. We are not

:19:14.:19:18.

a family who claims everything going, we claim the bare minimum to

:19:18.:19:23.

survive and that is what we do Wycherley, we survived. And now

:19:23.:19:27.

they fear they may end up on the risk streets -- Wayne -- that they

:19:27.:19:34.

may end up on the streets. invited them to apply for a

:19:34.:19:37.

discretion make top-up payment. Their landlord has now given them

:19:37.:19:40.

notice to quit and we are helping them with their housing options and

:19:40.:19:45.

hoping to avoid a them up being made homeless by sorting out

:19:45.:19:50.

something else. We are facing the biggest shake-up of the welfare

:19:50.:19:53.

system for decades. The government says we are all in this together,

:19:54.:20:01.

but for many, there was a bumpy road ahead. -- there is.

:20:01.:20:04.

All this week, we're focusing on our "ones to watch," in the build-

:20:04.:20:14.
:20:14.:20:21.

up to the London 2012 Olympics. Tonight, it's the turn of the

:20:21.:20:23.

Paralympic sprinter Jonnie Peacock, from Cambridge. We caught up with

:20:23.:20:33.
:20:33.:20:35.

him at a school sports day. Are you ready? No go! Fast! To see the kids

:20:35.:20:41.

happy and know that they are not different, that they can run as

:20:41.:20:43.

fast as everyone else. Inspired by others. It was Jonnie

:20:43.:20:46.

who was the inspiration at this Sports Day in Huntingdon. First, a

:20:46.:20:51.

world-class warm-up. Then under Jonnie's orders. Get set, I said

:20:51.:21:00.

get set! I did not sago! -- I did not safe to go. It's been a stop-

:21:00.:21:02.

start year for Cambridge's Paralympic Sprinter. January's

:21:02.:21:04.

World Championships in New Zealand was followed by Jonnie's first

:21:04.:21:08.

injury setback. I always thought everybody got injured, I thought I

:21:08.:21:13.

was quite night -- I was quite lucky. But I was naive, and then it

:21:13.:21:23.

happened. I am lucky I had the support of UK Athletics so. With

:21:23.:21:26.

the ankle injury behind him, it's flat-out now to London. Competition

:21:26.:21:29.

will be intense, just like the action at the Spring Common School.

:21:29.:21:35.

The stars here are glad Jonnie made their Sports Day. He is a nice man

:21:35.:21:45.

and he looked after me. I really like him. Pretty good trainer.

:21:45.:21:50.

did the starting thing for us and that. What about the warm-up, that

:21:50.:21:56.

looked quite interesting? It keeps your arms strong and that and it

:21:56.:22:00.

keeps you warm all the time. Still just 18, Jonnie's lined up against

:22:00.:22:03.

Paralympic legend Oscar Pistouris before, but it's only now that he's

:22:03.:22:07.

beginning to think like a world- class athlete. The I was just a kid

:22:07.:22:12.

and I still am a kid, still a not I read to learn that. I learned

:22:12.:22:17.

things a year ago. I need to make sure my head is in the game.

:22:17.:22:21.

some here, this is as close to the Paralympic flame as they'll ever

:22:21.:22:25.

get. For Jonnie, he's hoping for trackside view August 29th 2012.

:22:25.:22:28.

Tomorrow, our One to Watch is triathlete Hollie Avil, from

:22:28.:22:31.

Northamptonshire. And we'll also be launching our

:22:31.:22:33.

regular Thursday Olympic report, alongside your BBC local radio

:22:33.:22:37.

station. The Sandringham Flower Show has

:22:37.:22:39.

been celebrating its 130th anniversary and, as always,

:22:39.:22:45.

thousands of people turned out. Many were there to see the special

:22:45.:22:54.

Royal visitors, Prince Charles and It's always been said that Prince

:22:54.:22:56.

Charles loves the Sandringham Flower Show, and today, he seemed

:22:56.:23:01.

particularly relaxed. Five-year-old Bettie, who was handing over some

:23:01.:23:05.

flowers to the Duchess of Cornwall, appeared to be veering off course.

:23:05.:23:11.

But it didn't matter. It was all part of the fun. Now, of course,

:23:11.:23:14.

Prince Charles is a keen gardener, but it can't be easy being

:23:14.:23:17.

fascinated by everything, as he appears to be. And how does he

:23:17.:23:21.

think of something to say to everyone? Was he interested in the

:23:22.:23:27.

dog? He said it was a nice little dog. He wanted to know where I

:23:27.:23:32.

bought my flat was? I bought them from Norwich market! Charles and

:23:32.:23:35.

Camilla were particularly taken by some knitted figure of the recent

:23:35.:23:45.
:23:45.:23:48.

Royal wedding. How lovely! It is so nice to have them knitted! As usual,

:23:48.:23:55.

the Royal couple had one or two famous faces with them. Do you do

:23:55.:24:01.

flowers and vegetables? I do not, but I have a lovely garden. But I

:24:01.:24:08.

am afraid it is not mind, I am never around enough to do it.

:24:08.:24:12.

camera! Of course, everyone wants a photo. Not easy, and some were

:24:12.:24:18.

getting desperate. What are you trying to photograph? Prince

:24:18.:24:21.

Charles and Camilla. I have got it. I am very pleased with it, very

:24:22.:24:28.

good. We are in the way, aren't we? If you are, I cannot take more

:24:28.:24:33.

photos. You have to concentrate and feel the frame. Most people, their

:24:33.:24:38.

pictures are too wide. Get closer and use your zoom lens and you will

:24:38.:24:43.

get a nice picture normally. Told and Camilla went on to meet Pirates

:24:43.:24:53.
:24:53.:24:55.

and shook hands with hundreds of people. There will be many

:24:55.:24:58.

photographs from today. Some good, some not so good. But everyone

:24:58.:25:00.

seemed to enjoy it, not least the Royal couple.

:25:00.:25:06.

In knitted Look East?! Some photos good and not-so-good, let's get the

:25:06.:25:14.

It has been very cloudy for many of us today. The satellite picture

:25:14.:25:19.

tells the story. An area of low pressure from the North Sea has

:25:19.:25:28.

headed south and the crowd started to break-up. -- the cloud. Some

:25:28.:25:34.

decent spells of sunshine. The thing to look out for is this

:25:34.:25:40.

thicker cloud heading towards us for Friday, it could bring a shower.

:25:40.:25:45.

But also some fine weather for tomorrow. This evening, some

:25:45.:25:51.

brighter spells, it will stay mainly dry. Many of us still with a

:25:52.:25:57.

lot of cloud covering. Overnight tonight, some mist could form over

:25:57.:26:07.
:26:07.:26:08.

Norfolk. Temperatures down to nine degrees at their lowest. Further

:26:08.:26:14.

east, perhaps 11, 12. The winds would be light, north to north-

:26:14.:26:22.

easterly indirection. Tomorrow, high-pressure starting to build.

:26:22.:26:29.

This thicker cloud was here. It is out of Alloway for tomorrow's. A

:26:29.:26:35.

cloudy start to the day, but we so it -- we should see some sunny

:26:35.:26:41.

intervals. A misty start, perhaps over past, but then the cloud will

:26:41.:26:46.

start to break and we should CDs and sunshine. Temperatures will

:26:46.:26:56.
:26:56.:26:57.

respond to that. 23 degrees Celsius, perhaps. The winds are light,

:26:57.:27:02.

mainly light, north to north- easterly in direction. 19, perhaps

:27:02.:27:10.

21 degrees further east. So some further sunshine through the

:27:10.:27:16.

afternoon. Perhaps they could end to the day. Cooking had to Friday

:27:16.:27:21.

and into Saturday, high-pressure -- are looking ahead to Friday and

:27:21.:27:26.

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