12 August 1996 - Protestors Given Leave To Appeal

The appeal of anti-toll protestor Andy Anderson, the first protestor to appear in court, has cleared its first hurdle on its way to the High Court.

Lord McLuskey, who was acting as a sifting judge to determine whether there was grounds for appeal, told Mr. Andersons solicitor that there was.

After trial at Dingwall Sherrif Court, Mr. Anderson was found guilty on all five charges of non-payment, and fined 30 on each charge. However, Lord McLuskey said "There are substantial grounds for appeal. It cannot be said that they are unarguable and, in any event, the issues raised could arise in many other cases."

Mr. Burd, Andy's solicitor, argues that the Secretary of State for Scotland did not have the right to assign toll-collecting powers to Skye Bridge Ltd. until the toll order came into force in 1992: however, he had authorised toll-collection in 1991.

He also said that even if Skye Bridge Ltd. were properly empowered to collect tolls, the toll collectors - employees of Miller Construction - who Mr. Anderson had refused to pay, were not.

It is not expected to come to court until October or November.

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Copyright © Ray Shields, 1996.

Most recent revision, 12 August 1996.