The judges rejected the appeal against conviction for failing to pay the toll 'without reasonable excuse' saying he had been rightly convicted on five charges.
The defenses argument was that the concession agreement assigning the rights to collect tolls to Skye Bridge Tolls Ltd was given in December 1991, but the Toll Order authorising the collection of tolls was not made until June 1992.
The Appeal Court was satisfied with the Crown argument that although before the assignation of the right to collect tolls could be effective the toll order would have to be in place that this did not mean that the authorisation contained in the toll order had to pre-date the assignation.
Judge Lord Ross added "as the concessionaire was to undertake the design and construction of the crossing, there had to be a mechanism for guaranteeing to the concessionaire that he would obtain the right charge and collect the tolls."
The court also rejected the argument that because copies of the development and concession agreements were incomplete that there was unfairness to Mr Anderson at the trial. The Crown explained that this was due to commecrial confidentiality.
Copyright © Ray Shields, 1996.
Most recent revision, 16 November 1996.