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Altnabreac station and the various legal disputes around it

styles

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Apparently, they haven't appeared in court today. Reasons unknown.

I couldn't make the epic journey to Wick today to feed back, but glad I didn't if it's just going to be continued again!

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Ah, thank you for that... I had looked around online and couldn't find anything recent? Could you either here or by PM sent me a link to these accounts to read?
Sure I'll see if I can dig some links out - they were mainly YouTube comments as I was looking at Flow Country MTB content, so it'll take me some time to find again. It's a trip I'd like to do when I get some more time, a 3-day MTB+fishing+camping trip.
 
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EYFanatic

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Apparently, they haven't appeared in court today. Reasons unknown.

I couldn't make the epic journey to Wick today to feed back, but glad I didn't if it's just going to be continued again!

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Sure I'll see if I can dig some links out - they were mainly YouTube comments as I was looking at Flow Country MTB content, so it'll take me some time to find again. It's a trip I'd like to do when I get some more time, a 3-day MTB+fishing+camping trip.
Post 1 - Well, I can not say I am surprised, but not the most interesting legal issue today

Post 2 - I'd appreciate anything because it would be nice to read a non railway orientated view
 

styles

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Is it not the case that such a reason has had to be made known to the court at the time proceedings are due to start?
I'm sure the court have more information. I'm not there today. The dog walker appointment was more important than a 24 hour round trip to Wick :D You may be able to call the court for more information. Otherwise it will likely be reported by the John O'Groats Journal, or the chap who lives that way and is attending the cases in-person a bit more regularly via the 'Altnabreac Tower Mini Series' channel on YT.
 

hexagon789

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Can I ask anyone knowledgeable of Scottish Law if non-attendance for a number of times which have already been entered in case records at a scheduled court hearing deemed to be a Contempt of Court?
Doesn't need to be a number of times, one non-appearance is sufficient for a contempt charge to be made out.
 

styles

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Can I ask anyone knowledgeable of Scottish Law if non-attendance for a number of times which have already been entered in case records at a scheduled court hearing deemed to be a Contempt of Court?
It can be considered contempt, yes.

But these hearings have been continued a number of times for valid reasons, e.g. new evidence being introduced by the Crown, weather, etc; so there could be a valid reason. Best to wait for an official answer.
 

norbitonflyer

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Doesn't need to be a number of times, one non-appearance is sufficient for a contempt charge to be made out.
As has already happened to them a few months ago after they only attended one of three separate hearings (on different cases, but in the same building) on the same day.
 

styles

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Seems the private road conditions didn't allow them to brought to court today. No warrant issued. New dates scheduled for 19th March and 23rd June.

Can's been kicked so much the logo's worn off.

Police Scotland should probably invest in snow chains to collect them.
 

styles

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Does the judiciary have recourse to a helicopter in cases of very rural areas of North Scotland?
As we know from the EE civil case, this is a very costly endeavour! :D

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I've heard there's a train station nearby
It did surprise me that they scheduled today's hearing for 10am again, knowing no train will get to Wick for 10am. The first train gets to Wick at 1130am, so they could reasonably schedule the hearing for midday. I appreciate they want to get the most out of the court day but it seems no use if it just gives the couple excuses to not attend because the access road is bad. The snow in the area is a real possibility for February and March at least.

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I am also assuming they won't be in Inverness tomorrow, given the first train doesn't get in til lunch time.
 
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styles

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Nothing stopping them setting off today. They chose to live where they did.
I don't disagree but the courts seem to let these excuses fly.

There was a period recently where Wick wasn't expecting any cases to go forwards because the weather was affecting staff as well as legal parties. Other than that I don't think they've got a reasonable excuse for not making the hearings when the trains are running.

Perhaps Police Scotland could go on the train to collect them if a warrant had been issued.
 

norbitonflyer

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I've heard there's a train station nearby
Yes, but by a strange coincidence no less than four of the line's drivers have been called as witnesses in court proceedings today, so they may be struggling to run a service.

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Perhaps Police Scotland could go on the train to collect them if a warrant had been issued.
First train doesn't get to Wick until 1130. (and for Inverness tomorrow the first train arrives at 1230)
 

EYFanatic

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Sure the police could have provided some if they asked nicely!
Cell reception would be great! 8-);):D

I am wondering why, under the circumstances, it could not have been done online as other hearings have been. Is this a type of hearing that is required/ordered in person?

I can only wonder at what point the Sheriff will have enough and rule against them
 

D6130

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Yes, but by a strange coincidence no less than four of the line's drivers have been called as witnesses in court proceedings today, so they may be struggling to run a service.
Crikey! That must be almost the entire establishment of Wick depot! If there are three out and back turns a day on weekdays, you would need a minimum of five drivers.... including one rest day relief and one holiday/sickness relief.
 

styles

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First train doesn't get to Wick until 1130. (and for Inverness tomorrow the first train arrives at 1230)
Yeah, I mentioned that further up and questioned why the court scheduled it for 10am, as it's just giving them an excuse really. Obviously if it's a complex case that is going to take all day it might not be practical but in the case of Wick they could schedule to start at lunchtime.

Police Scotland, with a warrant, could go the day before by train to detain them to bring them before the court, is more my point.
 

EYFanatic

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Crikey! That must be almost the entire establishment of Wick depot! If there are three out and back turns a day on weekdays, you would need a minimum of five drivers.... including one rest day relief and one holiday/sickness relief.
I am surprised more drivers don't know the route
 

styles

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Sure the police could have provided some if they asked nicely!
It seems the police couldn't actually get to them today due to the private road conditions. That's why I'd suggest a warrant then the police can take them by train :D

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Cell reception would be great! 8-);):D

I am wondering why, under the circumstances, it could not have been done online as other hearings have been. Is this a type of hearing that is required/ordered in person?

I can only wonder at what point the Sheriff will have enough and rule against them
I don't think the courts here really want to be doing virtual hearings if they can avoid it.

Also this couple have contempt charges against them for recording the online hearings, even after being told not to, so they probably don't view it as a particularly safe option.
 

EYFanatic

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It seems the police couldn't actually get to them today due to the private road conditions. That's why I'd suggest a warrant then the police can take them by train :D
Would the warrant and then arrest and transportation by train go against the conditions of staying away?

If not, where is that Class 37 in the police livery?
 

styles

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Would the warrant and then arrest and transportation by train go against the conditions of staying away?

If not, where is that Class 37 in the police livery?
What conditions of staying away?

They have bail conditions regarding not being on the tracks, but not as far as I'm aware against using the trains. Happy to be corrected though.

In the meantime, they remain on bail which includes a special condition banning them from the level crossing as trains approach and the rail track.

 

EYFanatic

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What conditions of staying away?

They have bail conditions regarding not being on the tracks, but not as far as I'm aware against using the trains. Happy to be corrected though.
Bail... For some reason, I couldn't think of the word

Yes, I was under the impression that bail included not using the train hence why they had been driven by "a friend" a few times
 

styles

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Bail... For some reason, I couldn't think of the word

Yes, I was under the impression that bail included not using the train hence why they had been driven by "a friend" a few times
I'm not aware of any conditions against them using the train.

I can only guess they don't because of the frosty reception they'd receive or their belief that ScotRail are part of the conspiracy to protect their sex pest neighbour.

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An update from Inverness regarding the contempt proceedings - the hearing assigned for tomorrow has been discharged.

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Write-up from the Journal:@

A trial was postponed on Thursday after a couple claimed the road from their isolated home in Altnabreac was snowbound.

Ian Appleby and Elizabeth Howe were due to appear in the dock of Wick Sheriff Court to contest a charge alleging they stood in the path of trains on the far north line.

Two British Railway Police (BRP) officers and six other Crown witnesses turned up to give evidence.

Shortly before the trial was due to start at 10am, court staff were informed by the couple that they were unable to travel because of the road conditions.

Procurator fiscal depute Grant McLennan initially opposed their motion to have the trial postponed.

He said: “The Crown question the veracity of the information that has been provided.”

Sheriff Ian Cruickshank adjourned proceedings to allow BRP officers to update on the state of the road at Altnabreac.

When the session resumed at 12.40pm, Mr McLennan said officers had found driving conditions there “fairly perilous”.

“They were driving a four-wheel drive vehicle and the officers had difficulty in keeping it on the road.”

Mr McLennan said he no longer opposed the defence motion.

Sheriff Cruickshank continued bail for both accused pending the rescheduled trial on June 23.

Appleby (48) and Howe (49) were meantime ordered to appear at a pre-trial diet on March 16.

They have pleaded not guilty to acting culpably and recklessly and to the danger of themselves, passengers and train staff.

The couple, of Altnabreac Station House, Altnabreac, are accused of having “utter disregard for the consequences” when they crossed barriers on to the level crossing near their home when trains were approaching on March 1, 2024.

They also deny shouting, swearing and making abusive comments towards two police constables, and struggling with them.

 
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norbitonflyer

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Crikey! That must be almost the entire establishment of Wick depot! If there are three out and back turns a day on weekdays, you would need a minimum of five drivers.... including one rest day relief and one holiday/sickness relief.
I duobt Wick provides all the drivers for the route. There are actually four out and back trips each way. Two of the four* units needed to run the service start the day at Inverness. And since the units take the best part of twelve hours to do the round trip, including layover times, I'm guessing drivers don't go all the way there and back but swap over en route.

We do know, from the accounts of the stops on 1/3/24, that the driver of the first northbound train (the second to be stopped) was not driving that unit when it came back from Wick three hours later (to be stopped as the third train), as Appleby refers to these two drivers by different personal pronouns.

* actually six, as the units that start the day at Wick are not the same as those that end the day there.
 
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flitwickbeds

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Apparently, they haven't appeared in court today. Reasons unknown.
The YouTube comments on this are... interesting.

Commenter 1
Weren't you meant to be in court today?

ABC account
You know we were, so why are you asking?

Commenter 2
So why didn't you turn up?

ABC account
Who said we didn't turn up?

Commenter 2
So the local press is lying, is it? They state you didn't turn up.

ABC account
Do you think because we didn't go just means we didn't turn up?
 

pokemonsuper9

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ABC account
Do you think because we didn't go just means we didn't turn up?
Yes, that's both what that sentence means, what the news is reporting, and the info provided by the court as to why they didn't appear.

I don't see why they don't ask the court if proceedings can be set after 11:40 so they can use the train.

Unless they are potentially delaying as much as possible on purpose?
 

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