He said: “Given the current pressures on the public purse and the comments made by the judge it is right that questions are asked about the wisdom of pursuing a case of this nature which has presumably come at significant expense to the taxpayer.”
Chantel Lowery-Green, prosecuting, said Mr Hallam had to be prosecuted because of the chance of further trouble.
She said that it was impossible to prove whose land the fence post was on and that the boundary dispute would be sorted out at county court.
Mrs Lowery-Green said: “A way out of this would have been to offer Capt Hallam the chance to be bound over to keep the peace but I understand he will not accept a binding over because he says he was in his rights to cut the top off the post.”
Brian Bushell, for Mr Hallam, said he believed he was allowed to cut off the top of the post because he thought it was on his land and he claimed it contravened planning regulations.
Mr Hallam, of Thurgoland Bank, Thurgoland, near Barnsley said afterwards he was having an ongoing argument with a neighbour over rights of access and encroachment.
He said: “This is a matter of principle which I will not give way to. If I lose the case it could undermine a seriously expensive civil action.
“Take my employment away as well as leave me with a criminal record but the principal is something I will live with long after all this is over and I want to be able to live comfortably with my conscience if I have nothing else in the world.”
Mr Hallam was granted unconditional bail until a trial fixed for next month.
A CPS spokesman said following the judge’s comments they would reassess the case before proceeding with the prosecution.
He said: “We are aware of concerns raised by district judge Foster. This is a matter which was charged by the police and we await a full file from them at which point the matter will be further reviewed.”
"Crackers" £7.50 criminal damage claim against former Army captain
No comments:
Post a Comment