A HAULIER put people at "great risk" by flouting the laws governing HGV driving limits and trying to cover it up, a court has ruled.

Robert Thomas Benney, of Trenethick Parc, Helston, was banned from driving but left court legally allowed to continue after he appealed his sentence.

Mr Benney was stripped of his heavy goods operating licence in April after appearing before the Traffic Commissioner for the West of England, who called him "unfit to manage the transport activities".

He appeared before Truro magistrates on Friday for sentencing after pleading guilty to 141 offences, as an operator of Helston-based Robert Benney Transport and individually. These included 10 counts of using a vehicle without an operating licence and numerous offences related to tachographs, including 19 counts of failing to keep records and 28 counts of false records for the times drivers had been out on the road. A further 81 offences were taken into account.

He was stripped of his driver's licence for 12 months and fined £2,200, with £3,000 costs – a reduction on the £15,000 requested by the prosecutors. However, magistrates rejected his request to pay £15 a month, claiming bankruptcy. He was ordered to pay £150 a month.

Passing sentence, chairman of the bench Paula Johns said: "We have found these offences to be very serious and taking into account your experience, your position in the company and your previous record for similar offences ... you put the public at great risk."

His solicitor, Christopher Over, argued Benney would be left unable to work if his driver's license was revoked. He immediately appealed the sentence, which was granted.

His appeal will now be held in Crown Court.

After his sentence, Benney called the sentence "harsh".

Ian Gould, regional investigations manager for VOSA, which led the investigation, said its aim was to improve road safety by ensuring the legal driving time limits and other safety legislation for HGV drivers were enforced.

A shimmering procession of lanterns made its way through the streets of Truro last night in the City of Lights festival.

Thousands of spectators lining the streets watched as huge lanterns, many depicting kings and queens, floated through the packed streets.

Every year the event adopts a theme and this time round it was royalty in a nod to the Queen's Jubilee.

Roads leading in and out of the city centre were sealed off while the hour-long parade of lanterns ambled around the city.

Every year hundreds of schoolchildren, community groups and local artists create lanterns using willow and tissue.

The extravaganza began life in 1995 as an educational project celebrating Truro's architecture.

Since its early days the spectacle has grown to attract about 15,000 people.

Live music last night had onlookers tapping their toes with energetic performances from samba and steel bands in the city centre.

Tony Crosby, artistic director of City of Lights, said he was delighted with the continuing success of the parade.

He said: "When it was started we realised a new tradition was emerging and we're very conscious that for it to grow and be healthy it was something that needs to be renewed each year.

"The artists are a key part of this.

"We take the simplest of things – paper, sticks and glue – mix in imagination and have something that really brings people together and creates a unique and special time for Truro.

"The artists set themselves the task of ensuring the lanterns interact with the audience while exploring new lighting methods."

ALTHOUGH the wave isn't Cornish, the surfer is.
Professional long boarder James Parry from Sennen is pictured here riding a wave at Taghazout, a surfing Mecca, north of Agadir in Morocco last week.  
He was participating in Sennen Surfing Centre's annual trip to the north African country; where 10 students in the surf school's elite squad went for a week's tutorial on some of the most revered right-hand breaks in the world, including the legendary Anchor Point.
The students, aged 13 to 16, all attend local secondary schools and Penwith College and received lessons from nine coaches including Parry, who had just returned after coming fourth in the prestigious Joel Tudor Duct Tape Invitational in Biarritz.
Coach Dave Muir said: "For him to come along and help coach was massive for us and gave the guys a bit of insight into how someone from Sennen can reach this level and inspired them."
For a full report see next week's Cornishman.

Westcountry voters go to the polls today for landmark police and crime commissioner elections that will shape the future of policing in the region.

Ten candidates, the most of any of the 41 elections nationwide, are fighting for the new £85,000-a-year post in Devon and Cornwall which is replacing the old police authority. All the main parties are represented, along with six independent candidates.

The powerful new commissioner, who will be elected for four years, will set the policing budget and agenda in the two counties and will be able to "hire and fire" the chief constable.

However, opponents have voiced fears about the possible politicisation of the police service and complaints about the shambolic handling of the election were still being made on the eve of the ballot.

Labour claimed yesterday that public awareness of the election remained low and blamed a lack of information from Government. Shadow home secretary Yvette Cooper said the timing of the elections in November, during dark and cold weather, rather than in May, would make it harder for people to vote.

"The Government, as well as choosing to have the elections in November when they could have waited until May, have simply not provided people with proper information," she said.

"So when we are going around the streets talking to people, lots of people are saying, 'I just don't know what this is or what it is about'.

"They even set up a helpline that supposedly you could ring up and get information from, but that has not been working. So it has been a bit of a shambles."

Conservative Party chairman Grant Shapps said the commissioners would have a "really important" role and the Government had wanted to get the elections underway as quickly as possible.

"I think it is really important that people know a figurehead, a name of a person that they can turn to when they are concerned about crime and antisocial behaviour in their area. They want to know why the police are costing money on their council tax bill," he said. "This is somebody who will be directly accountable to them for the very first time."

More than 1,375 polling stations will be open across Devon and Cornwall until 10pm tonight.

The election is being held using the supplementary vote system. If no candidate has 50 per cent of the first-preference votes, the two highest-ranked candidates go forward to a second round.

In the second round of counting, the ballots indicating a first preference for a candidate who lost the first round are then re-allocated according to the voter's second preference.

The count is taking place at Carn Brea, in West Cornwall, tomorrow, with the result expected to be announced during the evening.

The mother accused of trying to run down her former partner and love rival with a car denied she intended to kill them.

Karen Orchard, 40, told the Truro Crown Court jury yesterday (Wednesday) she had not been motivated by hatred and jealousy when she allegedly drove at Geoffrey "Joff" Richards and Roseanna Vanhorn.

"I did not intend to kill them, " she declared when questioned by prosecutor Llewellyn Sellick.  "I only wanted to speak to them."

Orchard agreed she had driven dangerously when she deliberately knocked down a gate, "but it was only dangerous to myself," she said.  She was not aware the gate had fallen onto Ms Vanhorn, who was dragged clear by Mr Richards as they ran from her.

Orchard, of Parc an Ithan, The Lizard, and said to be of good character, has denied two charges alleging that she had attempted to murder Mr Richards, with whom she had lived for more than seven years, and Ms Vanhorn in  Lizard village on January 21.

She has also denied two charges of having intentionally attempted to cause them grievous bodily harm and two of dangerous driving.

The trial previously heard she drove at them three times as they tried to flee after she saw them get out of Ms Vanhorn's car together in the village square.

Questioned by her counsel, Michael Melville-Shreeve, the mother of two daughters agreed she had been shocked, angry and upset when she saw the pair walking hand in hand. 

"All sorts of questions were running through my mind.  I assumed they were in a relationship and that made me very upset," she said.

Orchard admitted she had poured paint onto Ms Vanhorn's car and pushed it towards a shop window, saying: "It was a revenge act."

She had bumped into a concrete bollard and reversed and smashed through a gate when the pair ran from her in the Regent Cafe car park but she had no intention of hurting them.

Mr Melville-Shreeve called two witnesses who spoke of Orchard being a "caring, loving, honest genuine person" who was a registered child minder, had set up a play group in the village and worked with teenagers in outreach.

Linda Sherriff, of St Keverne, said she had known Orchard from birth. She was 18 months old when her 20-year-old mother died of asthma.

Orchard revealed that after taking her A levels at Helston Comprehensive School she studied child care and worked as a nanny locally before eventually moving to the USA under an exchange scheme. She met and married her husband there and in 200l  returned to The Lizard as they wanted their two daughters to be brought up and educated in England, but they separated soon afterwards.

Orchards said she met Mr Richards in 2002, while working behind the bar at the Top House pub in the village and began living with him in 2003.  "We lived together for seven-and-a-half years but it was complicated and for five months we lived apart but met at weekends. We last had an evening together on December 8 last."

She met Ms Vanhorn in early 2010 and they became close friends.

Orchard told the jury about her asthma from childhood and a broken ankle, and said she went into Royal Cornwall Hospital on January 5. She was there for eight days and did not know why she didn't receive any visitors.

She was still quite poorly when she returned home on January 13 to look after her daughters.

Detective Constable Jonathan Bray confirmed that on legal advice Orchard had declined to answer most questions when interviewed.

He also confirmed that neither Mr Richards, a plumber, nor Ms Vanhorn had wanted to press charges against her.

The jury of eight women and four men was due to go out to consider its verdict.

PLANS to build 18 affordable homes in Polperro have been approved by Cornwall Council's east sub-area planning committee.

Permission was granted for two one-bedroom flats, ten two-bed houses, five three-bed houses and one four-bed house to be built in the village.

Cornwall Councillor for Looe West and Lansallos, Edwinna Hannaford, said: "The fundamental question was 'is the damage to the Area of Outstanding Natural Beauty (AONB) of lesser importance than the 62 people in Polperro who are on the housing needs register?'

"It was an extremely finely balanced application."

In his final report, Cornwall Council case officer Gavin Smith said: "A balance must be struck between the degree of landscape harm to the AONB and heritage coast and the benefits of providing affordable housing in this rural location.

"A site selection analysis has occurred in consultation with the parish council and this site has been judged as the preferred option.

"It is concluded that the community benefit of the scheme, being the provision of local affordable housing, would outweigh the anticipated level of harm to the surrounding landscape – albeit on fine balance."

A WIFE who stabbed her husband to death with a pair of scissors has been jailed for nine years.

After deliberating for more than 16 hours, the jury at Truro Crown Court on Thursday acquitted Sandra Clinch of murdering Alan Clinch but found her guilty of manslaughter.

The court heard the 49-year-old flew into a rage after he did not help tidy their cottage at Darite, near Liskeard.

She had claimed it was a "tragic accident" that a pair of dress-making scissors became embedded up to 4in in her fourth husband's chest, puncturing his heart and a lung.

During the trial, she first claimed to have thrown the scissors at him and then that he happened to walk into the line of fire.

She had denied murder and Judge Graham Cottle asked the jury before retirement to consider a manslaughter verdict on the grounds of diminished responsibility or lack of control.

Sentencing Clinch, Judge Cottle said: "You have been convicted by the jury of manslaughter on the grounds of diminished responsibility. Your principal defence of an accident was nothing more than purely fanciful.

"The jury were satisfied you were suffering from a personality disorder at the time you killed and ... that affected your ability to exercise self-control.

"The evidence established beyond doubt you have been aggressive, abusive and violent towards previous partners as well as your children.

"You stabbed a previous partner with a carving knife and assaulted your children on a regular basis.

"He (Mr Clinch) was a meek, mild-mannered and gentle man who simply took what you handed out.

"This time, when your temper exploded, you killed ... your husband.

"I have no doubt on that evidence that you intended to hurt him badly and you embedded scissors in his heart and immediately after you regretted your actions."

He added: "The evidence showed you were unable to exercise self-control and no form of hospital order is recommended or warranted."

The trial had earlier heard from witnesses, including her children and a former husband, who told how she once got so angry that she destroyed her own wedding cake and threw objects at him including darts.

THE POPULARITY of Doc Martin in Australia has led to a £1,000 donation to Port Isaac RNLI.

Mike Meakins and four colleagues run the Port Isaac branch of Buttermilk Confections and Mr Meakins was approached a year ago by the magazine TV Week Australia who were covering the TV series.

Local RNLI committee chairman Bob Bulgin said

Mr Meakins won permission to reproduce a double page article about Doc Martin as a poster for sale and donated the proceeds to Port Isaac RNLI and Cornwall Air Ambulance.

CORNWALL COUNCIL'S roads' team, Cormac, has been accused of incompetency after it ignored local advice and forged ahead with roadworks during high tides – only to see the work now swamped by sea water.

Work to fill potholes and improve road surfaces was due to be carried out in Lerryn but after seeing the work schedule parishioners raised concerns and warned Cornwall Council to postpone.

Chairman of St Veep Parish Council John Halkes told the Cornish Guardian: "The parish clerk and I warned them that this was an inappropriate time for repairs, that it would be flooded and you wouldn't get a satisfactory filling.

"They went ahead and now of course we're stuck with big areas of dug patches about two inches deep."

According to Mr Halkes the whole of the community are losing patience. He said that although they were aware of constraints on the budget it could be regarded a health and safety matter.

He added: "As far as the parish council's concerned we're getting very, very cross with the fact that the schedule of pothole repairs and road improvements, stuff we've had discussions about with Cormac, have been carried on against the full weight of local knowledge.

"Why do we bother having local councillors who know what the heck's going on if everything is totally ignored?

"It's just incompetence."

On Wednesday Cornwall councillor Gavin Shackerley visited to Lerryn to meet with Cormac area manager Teresa Frost.

Following the visit he said: "There are lessons to be learnt here. The work has currently stopped as, belatedly, they are responding to local knowledge."

He said that work is carried out on tight schedules and any delay could see the work miss its window and end up being on hold for months.

No one from Cornwall Council was available for comment.

FRIENDS of Bude Sea Pool (FoBSP) are celebrating success after winning a bonus £2,000 plus a share of £100,000 thanks to a tyre firm's generosity.

The voluntary group, which is working to save the sea pool in Bude, won not only the regional vote which took place at Greenaways Tyres, but also managed to tie the voting with para-athlete Meggan Dawson-Farrell for the national prize – decided by online votes.

Originally, the winner of the Kumho Tyres' Cash for Causes online vote was to receive a national grand prize of £2,000 with the runner-up receiving an additional £1,000. However, in light of both Bude and Meggan tying for first place, Kumho Tyres decided to top up the prize fund, awarding both parties £2,000.

The Cash for Causes initiative saw the tyre firm give away more than £100,000 to deserving local charities through its ECSTA Performance Centre network of independent tyre retail partners.

FoBSP chairman Paul Tilzey said: "We're delighted to have secured this cash for Bude's historic sea pool.

"We saved the pool from demolition last year but it's a long way from being permanently secure. We need to raise around £30,000 for important restoration work in 2013, and this contribution is really helpful. So we'd like to thank everyone at Kumho, and our local garage, Greenaways Tyres who nominated us, and all our supporters who voted for us."

"Awards like this mean we can keep the pool open and free for everyone to enjoy.",

Tom Arscott, depot manager at Greenaways Tyres, added: " After funding cuts last year, it would be a shame to see the pool go to waste. and FoBSP works so hard to fundraise – we just wanted to help them out."

ROYAL Navy destroyer HMS Dragon cast a magnificent shadow as it cut through the water destined for Fowey, and it left a town reaping the rewards of a bumper weekend in visitors and trade.

A traditionally quiet time in town saw full car parks and flocks of people keen, as the ship opened up to the public on Saturday, for a rare chance to see the inner workings of the state-of-the-art warship.

By the end of the day more than 800 had visited.

Steve Beresford, chairman of the Fowey Town Chamber of Commerce, said: "Many businesses were grateful for the out-of-the blue boost.

"It was almost like a summer's day and was certainly very welcome at this time of year."

Fowey Community College student Cameron McHardy, 13, queued for an hour to tour the ship and felt it was well worth the wait.

He said: "I really enjoyed going into the computer room where we were told all about the missiles. I am considering a career in the Royal Navy working in navigation."

On the evening of her arrival a reception was held on board the ship for Fowey dignitaries, including mayor John Berryman, representatives from the Fowey branch of the British Legion, Royal Fowey Yacht Club and Gallants Sailing Club.

During the course of the evening the crew, a number of whom come from Cornwall, put on a capability demonstration for their guests covering such tasks as countering a simulated aircraft attack and weapons handling.

Local sea cadets were on hand over the weekend, gaining a valuable insight into Navy life along the way.

Cadet Jasmine Saunders, 12, said: "I have been on frigates before but not a destroyer. We had a tour of HMS Dragon on Friday evening then we received a brief for the event. I really like how relaxed the crew is with each other and how well everyone works together."

Harbour master Paul Thomas considered the short stay of such a prestigious ship an honour for Fowey.

He added: "The visit of HMS Dragon has been a huge success.

"It was great to see the sailors ashore marking Remembrance Day in such style and enjoying Fowey's warm welcome and hospitality."

HMS Dragon and her 190-strong crew left Fowey at around 4pm on Sunday bound for their Portsmouth base.

INQUIRIES are continuing into a collision on Sunday morning in which a well-known North Cornwall man died while cycling with friends.

Tributes have flowed in for John Phillips, 50, who lived at Delabole and was chairman of both the governors of Camelford Primary School and of Camelford Carnival.

Mr Phillips, 50, was the former manager of a Cornwall Care home at Wadebridge but recently took over a countywide role.

He had been cycling with two friends between Longstone and St Mabyn when he was involved in a collision with a Land Rover, driven by a St Mabyn man, which was towing a trailer.

Mr Phillips died from his injuries at the scene.

Police say a full investigation is under way involving specially trained roads' policing officers and the serious collisions unit.

Any witnesses are asked to call the police on 101, quoting reference 335 of 11/11/12.

Mr Phillips and his wife Sandra, who was on duty as a St John Ambulance volunteer for the Camelford Remembrance service at Lanteglos Church at the time of the accident, have two children.

Douglas Webb, chief executive of Cornwall Care, said Mr Phillips had worked for the company for eight years, first as assistant manager at their St Breock, Wadebridge, home and then as manager.

Four years ago he had taken up a central role in their head office at Truro and had become known throughout the county.

"It is rare that you come across someone liked by everyone, but John was such a man," said Mr Webb.

"The impact of his death will be felt deeply and widely. He will be missed terribly, not just for the quality of his work but for his character."

Mr Phillips was chairman of the Camelford Carnival, and secretary Marney Baker said everyone who knew him was devastated.

"He was a lovely man and put in a huge effort for the carnival," she said.

As chairman of the governors at Camelford Primary School he met the Duchess of Cornwall when she opened the new school in March last year, inviting her to unveil a plaque to mark the occasion.

Simon Bishop, acting head, said: "John Phillips was a very caring man who made a huge contribution to the life of the school and he will be missed by staff, parents and fellow governors."

"OUR SON can finally rest in peace" – those are the words of Richard Neale's parents after they received damages from the man whose car was involved in the fatal collision which killed their son.

Richard was killed after his red Vauxhall Astra was hit by another car on the westbound carriageway of the A38, close to the B3252 Looe turn-off, in April 2010.

The driver of the other vehicle, Edward Ward, who was 82 at the time of the accident, was acquitted of causing death by careless driving at Truro Crown Court in October last year. But the Neales pursued a civil action against Mr Ward and this week agreed an undisclosed out-of-court settlement for damages.

Richard's father, Barrie Neale, 71, said during the criminal trial of Mr Ward the defence barrister had carried out 'a complete character assassination' of his dead son in his view.

"Richard was a decent boy who made mistakes in the past, but his history was used to drag his name through the mud when, at the end of the day, Mr Ward had turned right across the path of Richard's car, giving him no chance to avoid a collision."

The Neales received compensation from Mr Ward, a dairy farmer and churchwarden from Liskeard, last month, after agreeing an out-of-court settlement.

The couple said they pursued a civil action because they wanted justice for their son.

Mr Neale claimed Mr Ward had never said sorry to the family after Richard's death. During the trial, the defence barrister claimed that Richard was travelling at 100mph along the dual carriageway. However, neither the police nor defence experts were able to establish Richard's speed at the time of the crash.

Barrie Neale said: "The media was quick to suggest that Richard was driving over 100mph and that he was entirely to blame.

"When the barrister gave his summing up, it was disgusting. He was talking about somebody who wasn't there to defend himself.

"We felt like we were being punished all over again."

The couple accepted an offer made by Mr Ward and settled out of court.

Mr Neale said: "It wasn't done for the money. We could have gone further if we wanted to but we were all feeling the strain. It has destroyed my life as far as I'm concerned."

Dawn Neale, 53, said: "Every time I go through that junction I think about it. I just can't get it out of my head, whether he suffered," she added.

Richard had just finished his trial period on the Torpoint Ferry the week he died. He was killed on Thursday, April 8, and was due to start his permanent post the following Monday.

"When he was on the evening shift he used to work from 2pm until 10pm. He would phone me up at 9 o'clock to make sure we were OK and see what was for dinner," said Mrs Neale.

"I still expect him to walk through the door at 10pm."

Mr and Mrs Neale described their son as a helpful young man who would do anything for anybody.

"He was a very popular boy," Mr Neale said. "He was a young lad with a wise head on his shoulders.

"I really didn't realise how many people were so fond of him before we lost him," he added.

"He had a lovely smile. Everybody always said about his smile," Mrs Neale said.

The couple say friends and family have helped them to get through the past two years.

"We couldn't have done it without them," said Mrs Neale.

"The ferry boys still come and visit us. It's amazing. He was only there 18 months."

After the crash, Richard was transferred to Derriford Hospital, Plymouth, by air ambulance and his friends and family have been fundraising for the air ambulance charity ever since. In 2010, the workers at the ferry raised nearly £4,500 from a charity auction. A further £1,000 was raised from donations at Richard's funeral.

Richard's cousins, Christina Broard, 29, and Sharon Broard, 23, recently ran a half-marathon and have raised more than £3,000 through fundraising.

"They have been fantastic," said Mrs Neale.

The money raised by the Broards is being presented to the air ambulance at a special event this Saturday, one day before what would have been Richard's 23rd birthday.

NEARLY two years to the day that Lostwithiel and the surrounding areas were devastated by floodwaters, the victims say that more work still needs to be done.

On November 17, 2010, the region was battered by torrential rain and gale force winds.

It was early morning when the drama began. Business owners readying for a new day of trade awoke to the sight of rapidly rising water levels. Cars were swept away, homes evacuated and shop premises destroyed.

Two years on from that dark day questions remain about whether the towns are now better equipped to cope if a similar situation to that of 2010 was to happen again.

Charles Richards, of Par and St Blazey Flood Group, formed in the aftermath of the floods, said: "A lot of work has been done but the recovery process is still on-going with things being put into place to make the community more resilient against any future floods.

"The real legacy of the Mid-Cornwall floods is about the good things that have come about, the level of community action and engagement, the forming of flood groups with volunteers that can respond to problems and the Cornwall Community Flood Forum."

However, Barry Wilton, chairman of Mevagissey Flood Group, said despite awareness increasing, more work needs to be done.

"I think they are crying wolf at the drop of a hat to cover themselves. It's beneficial but I also don't believe the council is clearing out the drains enough in the village. Every time we get torrential rain we get them backing up and surface water. I have to go round clearing the drain covers."

Following the floods, Cornwall Council and the Environment Agency got together with local people in Lostwithiel, St Blazey and beyond to work on preventing a similar situation arising.

Included in the work was the formation of the flood groups, recruitment of flood wardens, installation of property protection to reduce the flood risk and level of damage caused by flooding, the drawing up of community flood plans and, in St Blazey, the Environment Agency now pilots a service to provide location-specific early warnings of flash flooding, share weather and flood forecasts with flood wardens, and provide automatic messages from rain and river gauges.

Paul Gainey, of the Environment Agency, said: "This really has been a partnership with everyone, including people who were flooded, working together to improve community resilience."

A programme of further improvements has been agreed between Cornwall Council and the Environment Agency including:

Improvement on the Prideaux Stream in St Blazey

In Lostwithiel, replacing 150 metres of the Tanhouse Stream culvert which was badly damaged

Improvements on the Tanhouse Stream in Lostwithiel, including improved drainage through the River Fowey flood wall in Quay Street

TAXPAYERS face a £4.5 million bill following a U-turn in a legal wrangle between Cornwall Council and the owners of an aborted halfway house project in Newquay.

Danesbury House, on Fore Street, was earmarked as a refuge for homeless people, addicts and even former convicts back in 2007.

But news of the multimillion-pound contract between housing providers Charles Terence Estates (CTE) and the former Restormel Borough Council caused uproar in the town.

Many said the town centre location across the road from a family pub and supermarket was hugely inappropriate, and in 2009 urged the newly formed Cornwall Council to abandon the unfulfilled plans it had inherited from the defunct borough council.

Campaigners then won their battle after council chiefs agreed to scrap the plans and stopped paying rent to CTE – but the new authority found itself hauled into the High Court last year by CTE over the move.

Cornwall Council won the case, arguing that Restormel, along with another former borough council, Penwith, had acted outside of their statutory duties to taxpayers by agreeing to pay millions to CTE to house vulnerable people in 30 of its properties.

However, on Tuesday this week CTE emerged victorious in a Court of Appeal hearing, meaning Cornwall Council must now meet the old councils' contractual obligations, reimbursing missed rent and paying legal costs.

The move has been met with disbelief by Dave Sleeman, chair of Newquay Town Residents' Association, which campaigned against the location of the halfway house five years ago.

He told the Cornish Guardian: "Restormel had a history of making bad judgements. I had no time for them and they did nothing for the town. Cornwall Council has acted responsibly here but this is not good news for taxpayers."

Allowing CTE's appeal this week, Lord Justice Maurice Kay ruled that neither Restormel nor Penwith had breached their duties.

He said the councils had wanted to obtain better quality, more cost-effective temporary accommodation for vulnerable people and the deal with CTE had achieved those objectives.

The judge added that even if it had been proved that the councils breached their duties, this would not have been enough to make the leases agreed with CTE void.

In his ruling last year, Mr Justice Cranston accepted that Bournemouth-based CTE had "at all times acted in good faith".

There was no evidence that the housing benefit system had been abused, nor that tenants had been charged excessive rents, and CTE, which had borrowed heavily to buy and refurbish the properties, had had "no reason to doubt" the lawfulness of its contracts with the two councils.

In a statement, Cornwall Council said it was "disappointed" by the decision made at the Court of Appeal, standing by its decision to challenge the "validity of the 30 lengthy leases concerned". A spokeswoman said: "It considered that the rents under the leases were not beneficial to the taxpayer.

"The majority of properties were not suitable for the residents who lived in them, nor were they all in appropriate locations in the local communities.

"The council anticipated that the earlier decision [at the High Court] would have saved at least £4.5 million in public funds. This saving would have benefited the taxpayer in Cornwall whilst allowing the council to secure better and more appropriate housing. Unfortunately, the result of this judgment is that the leases are valid and the council is still bound by their terms and the rents under them."

The council has confirmed it is considering whether to appeal to the Supreme Court.