The trial of a couple accused of risking lives on the rail line in Caithness finally got under way on Tuesday despite a further attempt to delay proceedings.
Elizabeth Howe (50) and Ian Appleby (49) appeared at Wick Sheriff Court in relation to a series of incidents that were alleged to have taken place over two years ago.
Altnabreac station. Picture: Google Earth
The pair had previously pleaded not guilty to putting themselves and others in danger by standing on a level crossing as several trains were approaching.
The Christian couple, who are representing themselves in court, are accused of attempting to stop trains proceeding close to Altnabreac railway station.
The pair also vehemently deny behaving in a threatening or abusive manner towards British Transport Police constables Matthew O’Neill and Scott Chapman, while they were executing their lawful duty.
On the first day of the trial, the two co-accused covered a wide-ranging number of issues, including land ownership, breach of the peace and trespass laws.
Despite Appleby initially telling the court the pair were not in a position to proceed to trial due to outstanding video evidence they had not yet been able to get hold of from Network Rail, Sheriff Ian Cruickshank dismissed these concerns.
He asked whether the couple were conducting a phishing exercise in their quest to seek further video evidence.
Wick Sheriff Court.
Appleby said that to proceed to trial without sufficient access to all the evidence would prejudice their right to a fair trial under article six of the Human Rights Act.
Sheriff Cruickshank told them that because video evidence was not considered a document, they could not demand to see it.
He instructed fiscal depute Grant McLennan to proceed, and later noted that this was the sixth time the case had come before the court.
The disputed incidents are said to have taken place on March 1, 2024.
Appleby and Howe have been accused of acting recklessly and with utter disregard for the consequences by attempting to stop four trains passing barriers at the level crossing.
Howe said there were many facts disputed between the Crown and the defence, for example relating to speed restrictions in place at the time of the incidents.
PC O’Neill, who has served for 23 years and works for British Transport Police, told the court how at around 9.15am he’d received a call from the control room about people on the crossing stopping trains proceeding.
The PC said he was already aware of a history of tensions relating to land ownership between the couple and Network Rail.
He said he’d viewed video footage of the couple attempting to stop trains earlier that day (taken by a train conductor on a mobile phone) as his colleague PC Chapman drove them to Altnabreac.
Shortly after the PCs arrived, the couple refused to leave the crossing, allegedly telling the PC that he couldn’t make them leave because it was “their land”.
When a train arrived at the crossing, the PC told the court he eventually took hold of Appleby by cuff and collar and led him to safety.
PC O’Neill said PC Chapman was dealing with Howe at this time.
At one point PC O’Neill snatched and pocketed Howe’s phone, which she was recording on at the time, for use as evidence.
After the train moved on, PC O’Neill said the couple became “incandescent with rage”.
Appleby was alleged to have called the PCs “bloody corrupt b*stards”.
Both parties, who live at the former station house at Altnabreac, were described as very irate and allegedly claimed the officer had no right to stop them.
During Howe’s lengthy cross-examination of PC O’Neill, Sheriff Cruickshank warned her she could only question him for another 30 minutes.
Sheriff Cruickshank repeatedly intervened to advise Ms Howe to stick to relevant lines of questioning.
She asked PC O’Neill to tell the court what she’d said to him on the day.
He replied that she’d called him the “anti-Christ” and “the devil”.
Howe denied this and said she’d actually asked him if he was “anti-Christian”.
The trial continues.
