'Things weren't right': Government ownership of popular beach cafe called into question

A Guernsey beach cafe that has been at the centre of a long-running tenancy dispute is now subject to questions over the land ownership itself.

Descendants of the late Percy Ferguson - who owned the cafe until 2002 - say the sale to Guernsey's government was rushed through by a now deceased former States Deputy who had Power of Attorney over his assets.

The popular cafe has been subject to public controversy over the past couple of years, after the current tenants objected to the States of Guernsey announcing its intention to give the tender to someone else.

That disagreement has now been resolved, and Belmiro de Freitas and Manuela Walter will continue to run the cafe until October 2028.

However, the high-profile dispute sparked the interest of Percy's descendants, who believe their family's wishes were dismissed by the States 24 years ago.

Percy was a descendant of the Mallett family, who had owned the land in Fermain since the 1800s.

Percy's will stated his intention to leave the cafe to his nephew, Horace Mallett.

However, Horace died first and the cafe was sold to the States for £70,000 five weeks before Percy passed away, by a sitting Deputy who had the Power of Attorney over Percy's affairs.

Paperwork shows the site was valued at £120,000 at the time of sale.

One of Percy's descendants, James Willcocks, believes "there appears to be a clear conflict of interest in the sale of the cafe in 2002".

He explains: "The person who had the Power of Attorney at that time was a sitting States member and was brokering the deal as the executor to the States of Guernsey, who they worked for.

"It certainly raises more questions than it answers."

Another family member, Gary Willcocks, agrees, stating that because Percy was not of sound mind when the sale was made, it should not have been dealt with under Power of Attorney.

He adds: "My belief is if this were to be sold, it would have needed a proper court guardianship."

However, it is a legally complicated situation.

Guernsey Advocate Dr Raymond Ashton said that unless Percy's will explicitly stated the cafe was to be left to Horace and his beneficiaries, the sale would not have been illegal.

He explains: "If it's left to a Mr Bloggs or Miss Bloggs - if it doesn't say 'and heirs' - then there's no comeback.

"The only reservation I think on that is if you are able to show the testator meant not only who he's willed it to but the heirs, so in other words, there's a mistake in the will."

The States of Guernsey say their purchase was legal and fair.

In a statement, they explain: "It's evident that, as often happens in Guernsey - especially in a relationship that lasted for decades - some elements may have been handled a little informally.

"That's not unusual, and nor does it suggest anything inappropriate, but it does help explain why there might be certain gaps within the documentation.

"However, given all the work done at the time - and more recently to look over 175 years of documentation - we are satisfied that there is no question today around ownership."

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