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GLC comment: The defender lost on ALL of the facts in this case. Sheriff Corke found that the criminal charge against Rohan Beyts was frivolous. He ruled that she was entitled to hold her environmentalist and political views and opposition to the defender's golf course at Menie. There was no finding by the court of "self publicity" and in fact, the Sheriff held Ms Beyts was a credible and reliable witness.
"Rohan Beyts is a shameless activist with a history of antagonistic behaviour. She came onto our property with a hostile opponent of the project looking for trouble. We are a fully operational golf and leisure resort, with public restrooms. Had her intentions been honourable she would have used the facilities available to her".
GLC comment: There was no finding in court of a history of antagonistic behaviour by Ms Beyts. There was no finding of hostile behaviour by Ms Beyts. Trump International has previously claimed Ms Beyts was very close to their clubhouse when she urinated. This was found to be untrue. She was in the Dunes near the beach in marram grass. She acted responsibly in terms of the Scottish Outdoor Access Code. Their employee admitted in his evidence that he often sees golfers relieving themselves on the course.
"She is insincere about her motives for being on our land and needs to take accountability for her actions. Members of our green-keeping staff were flabbergasted at what they witnessed and reported the incident to the police. It should have come as no surprise to her that she was charged for publicly urinating on golf course land".
GLC comment: The court found that Ms Beyts was on the Trump International course exercising her public right of access in terms of the Land Reform (Scotland) Act 2003. Sheriff Corke held that Trump International should never have photographed our client urinating. The court said 'I have to emphasise that officious bystanders taking pictures of females urinating in the countryside put themselves at very real risk of prosecution whether for a public order offence or voyeurism'. Sheriff Corke considered the criminal charge against Ms Beyts as 'frivolous'.
Mike Dailly Solicitor Advocate said: "Trump International Golf Links Scotland would do well to now stop undertaking surveillance of walkers exercising their legal right to roam across their land. Taking footage or photographs of walkers urinating responsibly in accordance with the Scottish Outdoor Access Code may well be a criminal offence according to today's court ruling, and could potentially result in Trump International being subject to further litigation for breach of the Data Protection Act principles. Today's case was lost on a technical point in relation to the Act but no doubt future litigants would learn from this case".
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