A MAN who has been banned from laughing or clapping in public for the last five years under a court order is finally in the process of having it revoked.
Stuart Hunt was issued with the interim Anti-Social Behaviour Order, or Asbo, in 2007 as part of an ongoing feud with his neighbours, Stuart and Shirley Latham, over their shared access road.
It is one of the most unusual Asbos ever imposed in Scotland – banning Mr Hunt from laughing, clapping slowly, staring, waving objects or being rude or insulting in public.
Highland Council, which drew up the bizarre order, is now in the process of having it revoked by the court.
It follows a court case against Mr Hunt where he was accused of breaching the order by calling his neighbour a "stupid idiot" when she blocked the access road with her car.
The charge against Mr Hunt stated he breached the order by being "unpleasant in conversation, verbally abusive and insulting towards Shirley Latham, causing her distress".
Prosecutors eventually dropped the charge against him after 20 months of court procedure because it was no longer in the public interest to proceed.
Mr Hunt, of Drumnadrochit on the banks of Loch Ness, said: "On one hand I'm pleased with the decision to revoke the order, but on the other hand, I think it should never have been imposed in the first place.
"This has undoubtedly cost taxpayers a lot of money in policing and court time. I've got no idea how much, but there are clearly very serious failings in the system that allowed this to go on for so long."
The Asbo was imposed on an interim basis on May 15, 2007, before being put on hold in the court system.
Mr Hunt has long claimed it is a breach of his human rights and argued that there should have been a hearing to establish whether or not a full Asbo, rather than an interim one, should be granted before now.
He has now requested a review of his case by the Sheriff Principal at Inverness Sheriff Court to establish why it was allowed to be put on hold for so long.
A Highland Council spokesperson said that the final decision upon the application will be for the Sheriff.
The dispute between the neighbours began when Mr Hunt installed speed bumps in the road leading to their properties because he claimed the Lathams drove too fast.
He was forced to remove the unlawful bumps in 2006 after a lengthy court battle. The Lathams claimed their cars had been damaged and won the £50,000 case.
This has been followed by a number of tit-for-tat incidents between the parties.
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