A father of two, the subject of a court order banning him from laughing or clapping in public for the last five years, has appeared in court arguing it should finally be removed. Stuart Hunt says the interim antisocial order not only breaches his human rights but also claims the case is being delayed due to “corruption in high places”.
At Inverness Sheriff Court Hunt, of Mid Balchraggan Cottage, Drumnadrochit, sought to have the Asbo lifted but depute fiscal Iain Smith said it was for the civil not criminal courts. However, his advocate, Graham Robertson, told the court: “There are routes open to Mr Hunt (to have the Asbo lifted) but he has chosen not to take these because of his beliefs of corruption at the highest level involving a number of agencies and offices which have been reported to the police.”
Mr Robertson said 49-year-old Hunt’s claims involved three separate investigations by police none of which had been resolved. He added the interim Asbo had been frozen and Hunt’s position was it was up to the courts to review the order. An interim Asbo was placed on him in May 2007 following a long-running dispute with his neighbours, Stuart and Shirley Latham, which started over their shared access in 2003. It is one of the most unusual orders to be imposed in Scotland - banning him from laughing, clapping slowly, staring, waving objects or being rude or insulting in public.
Hunt faces an allegation of breaching the Asbo in October last year but because the authorities have failed to review his case Mr Robertson said his position was that the allegation was incompetent. No plea has yet been tendered in the case and no moves have been made to make the interim order a full order. “A delay of five years is unreasonable,” said Mr Robertson. Sheriff David Sutherland continued the hearing until 21st March so he could get more information on allegations of corruption made by Hunt and also to investigate the current status of the Asbo.
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