A MAN accused of breaching a court order banning him from laughing or clapping in public has had the charge against him dropped after 20 months.

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.

The 49-year-old, of Drumnadrochit on the banks of Loch Ness, is still subject to the order and claims he was accused of breaching it after calling Mrs Latham a "stupid idiot" when she blocked the road with her car in October 2010.

The charge against Mr Hunt stated that he breached the order by being "unpleasant in conversation, verbally abusive and insulting towards Shirley Latham, causing her distress".

However, prosecutors yesterday deserted the case, which had already been called in court around 16 times, because it was no longer in the public interest to proceed.

The Asbo is one of the most unusual to be imposed in Scotland – banning Mr Hunt from laughing, clapping slowly, staring, waving objects or being rude or insulting in public.

He had planned to challenge it as part of his defence in a bid to have the order removed. He is now consulting with a lawyer to help decide his next move.

Mr Hunt said: "The terms of the Asbo are ridiculous and draconian. I'm not allowed to do a long list of things, including laughing, clapping or staring. I was facing prosecution for calling my neighbour a 'stupid idiot' in relation to their car being used to block a road. I did say 'you're a stupid idiot', but I don't think I should go to court for that.

"They said it breached the terms of the interim Asbo, but I believe the order is unlawful and shouldn't be allowed to continue.I had been speaking to a human rights lawyer. I'll now go back to him to see how best to proceed."

Mr Hunt believes the Asbo, which was drawn up by Highland Council and imposed on an interim basis on May 15, 2007, before being put on hold in the court system, is a breach of his human rights and should not be allowed to continue indefinitely.

He claims there should have been a hearing by now to establish whether or not a full Asbo, rather than an interim one, should be granted.

Mr Hunt added: "The interim Asbo has been in place since 2007 and no attempt has ever been made over the last five years to impose it fully, and I've never been given any explanation for that. It seems they are just determined to keep it in place."

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.

A Crown Office spokesman said: "After careful consideration of all available evidence, the procurator-fiscal concluded it was no longer in the public interest to continue with this case."

Highland Council refused to comment. The Herald was last night unable to contact the Lathams.