British Museum will not be fined

Camden Council has conceded defeat in its attempts to prosecute the British Museum over the fiasco of the South Portico.

The council had been determined to prosecute the museum for breaching conservation law after the portico was constructed in French limestone, rather than the more expensive Portland stone from Dorset, which had been specified.

At a meeting last night, at which the museum was strongly condemned, councillors could barely contain their anger that, as one put it, "justice had not been done".

Brian Woodrow, chairman of the Development Control Committee, admitted: " Camden council has decided, with regret and frustration, not to take out a criminal prosecution against the British Museum over the South Portico. A successful prosecution could have resulted in a fine of up to £20,000.

"However Camden was advised by a leading QC that such a prosecution may not succeed due to the heavy burden of proof required in criminal cases and the confusion which surrounded some of the events in the controversial project.

"In the circumstances, we now have no choice but to issue the museum with a condemnation. The reality is that we will now have to draw a line."

The museum claimed it was duped in March 1999 when the portico was about 30 per cent built but decided to continue in order to meet the deadline for the refurbishment's opening by the Queen on 6 December, 2000.

The contract to build the portico was won by Easton Masonry and Portland stone was specified so that the portico would match the original material of Sir Robert Smirke's Great Court of 150 years ago.

Instead, the white French Anstrude Roche Claire limestone was used and stood out from the surrounding stone. It later emerged the museum had staged an elaborate cover-up after discovering the wrong stone was being used while the portico was still being built.

Last October Scotland Yard announced it would not seek any prosecutions after conducting its own fraud investigation into the £100 million Great Court refurbishment, deciding there is not enough evidence.