Robbie falls at court hurdles
8 Dec 04
Robbie the Pict's latest challenges to the Skye Bridge tolls and a speeding charge fail before appeal court
Two cases brought before the criminal appeal court by Robbie the Pict were lost yesterday.
In the first, the Skye Bridge tolls campaigner mounted a further challenge to an appeal decision in 1999 refusing his appeal against conviction for refusing to pay the tolls. Two years later he had attempted to have the court review this decision through the nobile officium procedure, on the basis that his argument that there was no legal basis for collecting the tolls had not been considered by the court in 1999. This failed when the court pointed to a passage in the opinion that referred to the argument.
Robbie the Pict now argued that the 2001 court had acted unfairly in only looking at the competency and not the merits of his petition. He again maintained that the 1999 court had not dealt properly with the issue raised. But the court said that this was a challenge to the reasoning of the decision in 2001, and an illegitimate use of the nobile officium which was only for unforeseen circumstances. Otherwise there would be a never-ending series of challenges.
His second case, a human rights challenge to the impartiality of the district court, also failed for procedural reasons. Robbie the Pict had argued that the Scotland Act procedure of lodging a devolution minute had become unnecessary once the Human Rights Act came into force, as fairness issues could be raised directly under that Act, avoiding the cumbersome and expensive Scotland Act procedure.
The court however ruled that the decision challenged, to prosecute him in the district court, was an "act" within section 57(2) of the Scotland Act, and the only procedure available was the Scotland Act procedure. Although Lord Bonomy's report on procedure had also questioned whether this should be necessary, it would need legislation to change the position. The court allowed him further time to use this procedure.