A RESIDENT group's legal attempt at forcing a developer to remove a wall around their village green has hit the buffers again after he failed to appear in court for a second time.

Roding Valley Residents Committee has taken Zubair Hamidi to court in a private prosecution to order him to remove the concrete fence he erected round land at Chesnut Avenue and Hornbeam Road, in Buckhurst Hill.

Speaking at Harlow Magistrates Court, committee chairman Laurie Kubiak said: “We know he enclosed the green because he admitted doing so at the enquiry which took place into the village green. The law is quite clear: we have demonstrated it is a village green and it was Mr Hamidi who enclosed the land. We don't believe we need to do any more.”

The court was told Mr Hamidi has issued them with a statement saying he would not be attending as he no longer owned the land.

But Mr Kubiak said ownership wasn't an issue as he could demonstrate Mr Hamidi was responsible for erecting the wall.

Mr Kubiak was then told the report of the public enquiry which granted the land village green status was only “hearsay” evidence and it would be difficult to proceed without Mr Hamidi's presence in court.

He replied: “We've got his own words. He admitted to 80 people that he had put up the fence. Mr Hamidi has had two opportunities to appear at the magistrates and he's refused both. He knows what the case against him is.”

Magistrates chairman Margaret Webb said: “We have every sympathy with what you are doing, and we would like to proceed, but we know our legal adviser is unhappy with this. To go against legal advice doesn't seem to us a sensible way of proceeding forwards.”

The case was adjourned to July 21.

Speaking after the hearing, Buckhurst Hill parish councillor Peter Spencer, who is supporting the residents, said: “It's all very frustrating. They say they need witness statements- we had a four day public enquiry, the barrister wrote a report and Mr Hamidi admitted putting the wall up. For some reason they say that's hearsay evidence.

“The legal process takes such a long time when with common sense you'd think it would be an open and shut case. There never seems to be natural justice.”