1-3. Regardless of those plea's, that injustice has today been compounded by the third Scottish Government authority,the Highlands & Islands Enterprise, Inverness who have shamefully in clear discrimination, regardless of all evidence and mitigating factors, and a direct appeal to H.M the Queen, and that listing before the ECOHR, have served secondary legal notice on us. (Sheriffdom of Grampian, Highland & Islands Inverness. Court ref. CA 15/08.) Even before concluding it's own investigation by  HIE CEO Sanday Cumming, who's office has advised us he is now reaching stage 2 of an investigation. And yet still HIE  at the same time, persecute us in serving those court documents, issued by their solicitor Advocate, causing  profound unwarrented distress, and in a  further direct abuse of *Article 6 and *Article 14 of our Human Rights... (* See  ECOHR Articles stated foot of this  appeal.) Shamefully it appears not even  personal concern by Her Majesty the Queen , commands the respect of the government or those local authorities in Scotland.

1-4. Statement by William Roe Chair, Highlands and Islands Enterprise on the achievements of 2007. ‘ I hope you enjoy reading the stories which follow, and share my belief that this is an important time, a transformational time, in the continuing development of one of Europe’s most promising regions.’   ('Since 1 January 2005, HIE has been required to comply with the Freedom of Information (Scotland) Act. This Act essentially provides a right of access to information held by public bodies regardless of age and establishes the office of the Scottish Information Commissioner who has the necessary powers to enforce the Act and regulate compliance'. ) This then is one of those HIE stories, documented, and shamefully irrefutable….

1-6.  Having rebuilt my life over the years, living independently, I and my family  found peace and happiness in the beautiful islands of Orkney that became our home. In a deep respect of our community and  the remote island of  Sanday and its way of life, (So fragile on the outer northern islands,)  in consideration of our community, we created in a labour of love over nine years with significant personal investment, a tourist attraction, without  any monetary reward, other than attracting income to the islands, that brought in over 26,000 visitors from all over the world. The 'Sanday Light Railway & Brief Encounters Tea Rooms'. www.sandaylightrailway.co.uk. We even became a recognised land feature on HMSO Land ranger maps for the Northern Isles further carrying the flag for Orkney and all the HIE so encourages with press, radio and TV coverage over those nine years seen worldwide. We were the essence of what the Scottish Government and Highlands and Islands Enterprise proclaim to be so valuble to the economy we lived in... (See also Facebook.com Sanday Light Railway/Photo Album )

1-7. We also contributed to the island in voluntary youth work, and in supporting the RNLI and after former First Minister Jack McConnell came to our island, our school having won the Scottish Governments competition ’Africa Challenge’, we supported directly by donation a school in Minga, Malawi, Africa. Pupils from that school in September 2005, with government representatives, came to our railway and home to thank us. Facebook.com Sanday Light Railway/Photo Album . In further service  as Assistant Registrar on our island, and then full Registrar and burial grounds clerk, and as members of the island development trust and tourist association, we contributed in every way  we could in respect and support of the people and island that was our home. (And all that HIE and the government encourage.) For nine years we were in harmony with ‘political’ things about Orkney, complying with all planning permission and all asked by our local authority. In 2002 the council even awarded a small grant and installed a car park turning area at our railway for tourists along with Orkney Enterprise, which was repaid in 2003. Planning permission for our new tea room was passed in November 2005 the council stating it was to ’To run alongside the already Established Sanday Light Railway’. Until in that duty to the community as island Registrar on the 7.12.2006. after public announcement by Member of the Royal Household, Master of The Queen’s Music, Sir Peter Maxwell Davies, that we were to perform a ‘civil Partnership‘, on the island as appointed full registrar. It was my duty as full resident registrar to carry out that request. It was also with dignity, respect and pride in support of my island and a resident, regardless of his status. (Under European law and that passed by Royal Assent by H.M.The Queen in November 2005,.) The council had through, two appointed registrars regardless of law given to Sir Peter, full permission for that civil partnership in May 2006 (Both Registrars on oath making statement to the ECOHR of that fact.) This was before Sir Peter spoke out at council policy to allow Kit houses to be built on the island, ‘Likening them to alien housing stock’ It had to be bad for Sir Peter to speak out’. ( Source:-Orkney Today & The Times. May 2006/Jan 2007) The subsequent results of that lawful obligation as Registrar, and its retraction by the Orkney council, are sadly, worldwide documented. It was a great loss to our islands that the local authorities did not have the ‘vision’ to see such an esteemed celebration occurring in Orkney with world wide attendance of a who’s who from the classical and pop world, that would have benefited all that HIE and Scottish Government tell its local authorities to strive to achieve, for many years to come . In redress, the authority discriminated against those parties and shamefully then persecuted the registrar in all ways it could, not just as appointed registrar but shamefully and in loss to the island ,Sanday Light Railway, making it impossible to continue running.. Those events  are documented fully in 980 pages now before the ECOHR. Their contents which are profoundly shocking in their persecution,  and at times are such, that our government who represent those rights of us all, should hang their heads in shame.....

1-8.We were the essence of what the Scottish Government states in its current‘Strategy paper for the growth of Scotland’ and today Highlands & Islands Enterprise  on its website front page,  informs Scotland that, ‘Innovative social enterprises in the Highlands and Islands will be highlighted at the Social Enterprise World Forum opening at Edinburgh Castle next week.’ It is shameful therefore that as an example of that the Scottish Government can allow Highlands & Islands Enterprise, before a ’World Fourum’, in full awareness of those facts, to seek in association with its local authority friends in Orkney who state ‘We work very closely with the Orkney Islands Council & NHS Orkney,’ that it can take such a course of victimization and persecution against those whom have been subject to and suffered so much regardless of that service to the country, and so callously issue proceedings against us after all we have endured....That distress is clarified herewith:- (See also Facebook.com Sanday Light Railway/Photo Album )

1-9. As a direct result of that persecution and victimization, we survive today, (For that is what our life now is.)  18 months later, shockingly refugee’s in Scotland. We live in temporary, enforced, rented accommodation, awaiting that hearing before the ECOHR. Driven from our beloved home and family business on Sanday in Orkney, with no income other than a war pension. Our family solicitors in Orkney, after taking all our savings, withdrawing in claimed ’Conflict of interests’. Sewage and water continue to flood our home, a completion certificate regardless, shamefully, was issued by the Orkney Island‘s Council, at the height of the world wide media storm over Master of The Queens Music, we consider to ‘Teach us a lesson‘. during a public slanging match, with on some days, several press releases by the council and Sir Peter, we were  trapped in the middle..The council claiming 'All parties were being considered and advised' when in fact it was another four weeks and then in the letters pages of the local paper that the council  CEO Alasdair Buchan, eventually 'Informed us of events'. (Orkney Today Jan/Feb 2007.)  On that completion certificate inspection the  newly recruited signing council officer surrounded by sewage and water in the tearooms dripping on his head, admitting he had no understanding of the technical figures in front of him. Our son was beaten at the island school we had supported, called ‘Gay, Puff lover, Queer, in our duty to Sir Peter and that of his right under European law. The Editor of Orkney Today in January 2007 at the height of a world wide appeal by Stonewall, so unjust for Orkney, in request for a  ban on Tourists coming to our beautiful islands, in his ‘Editors Comments, the Editor’ accused the council of ’Running Round Like Headless Chickens’, and the people of Orkney and Sanday Light Railway had a right to know WHY?’ The Editor, was after this moved to NHS Orkney as its Chair, (Who then failed to redress those denied patient rights of us as a 100% War Pensioner.) That persecution , ( even today by the Chair in emails sent to us by 'mistake' from NHS Orkney we continue to be discriminated. (Documented.) and denied care was also significant in driving us from our home ... Five independent structural engineers reports since March 2007 have condemned the council approved building work on our home and business. After placing sandbags over the sinks, drains, bath and toilet to stop sewage flooding our home, four months after that worldwide media storm of which the Orkney Islands Council were central, we were forced from our home on the 22^nd April 2007. The removal company having to lay boards over the sewage to rescue our possessions.. It was a wretched soul destroying time... The builder ( Who cannot be named at this time for legal reason's.) then served an inhibition order on us to stop us selling, what was left of our home, flying bailiff’s into the island.. Never experiencing them or how we were supposed to react, before we shook their hands and offered them a cup of tea.. ! The builders business partner in conflict of at that time undeclared business interests, as NHS island doctors practice manager pharmacist, withholding for the first time in thirty years, medication for a War pensioner, for Shell Shock PTSD, and other related service injuries and complications aggravated by that horrific stress. With access to patient medical records, that party then interfered with hospital admission for investigation in relation to those original service injuries on complaint to the council at the standard of building work by that council retained builder. We were unaware that same party had previously been dismissed from the Royal Mail for similar conflicts on the island prior to employ by  NHS Orkney. On the 13^th December 2007 due to that constant water table saturation under the property, the entire gable end collapsed. The tea rooms moved in a storm the day after it was opened, and leaked every rain storm (It rains a lot in Orkney.) Appeal to the original council building inspector for the island resulted in him coming to our tea rooms, seeing we were closed with open sewage around the property, and water dripping from our roof..He wrote in our visitors book, signing his name, thanking us for lunch stating 'Even though we were closed'. He left saying he would have a word with the builder...He broke his leg and we never saw him again...! Today 30.8.2008 having issued court papers for ’Breach of Contract’ regardless of all documented events and shocking evidence The Highlands & Islands Enterprise from the office of William Roe can see no reason for us not being open. As a direct result of those events our public and building insurance is withdrawn. There is a significant environmental health issue and that of public safety and that we would be living in raw sewage. (The levels not dropping after 18 months without any occupancy.)  www.sandaylightrailway.co.uk or Facebook.com Sanday Light Railway / Photo Album 60 photo’s, each portrays a 1,000 words.

2-0. The Orkney Islands Council after 9 years, countless site visits to us over those year’s by planning and building officers, and television and media coverage of us around the world promoting Orkney, told us in the same letter withdrawing that permission to perform a civil partnership on the 7.12.2006, that we had to comply with a never before cited to us, ‘Civic Amenities Act 1988. That we also had to increase our Public Liability Insurance from 3 Million Pounds to 10 Million Pounds..( We had in 9 years had no claims, no accidents, in spite of many thousands of passengers. A remarkable achievement for a small passenger carrying railway.) In comparison the Orkney Islands Council allows and supports the ‘BA GAMES’ each year. which are also a part of Orkney and its way of life.. See www.bagame.com and www.orkneyjar.com  To Quote the BBC "It breaks out twice a year at a time when peace and goodwill might be ex­pected to prevail, the warring armies engaging in close combat with a ferocity that precludes respect for person or property.  "Even the law has been known to stand impotent as combatants surged and counter-surged through the environs of the police station, and memory has hardly dimmed the occasion when the local manse was invaded and despoiled. Casualties are high but who cares? "Crushed ribs and broken limbs are never enough reasons for the enthusiastic par­ticipants to desist from this traditional orgy of Orcadian violence which not even a sheriffs edict could ban. the Kirkwall Ba' Game."  BBC Spectrum Programme 1982 .

2-1. These words proudly displayed on the Ba Games website…High risk’s, lawlessness, the council boarding up windows in the town, Not even a Sheriffs edict or the law could stop. No entertainments licence, no insurance viable, and not complying with the civic amenities act…We have watched those games, they are a tradition in Orkney and a proud part of Orcadian Heritage…Whilst we respect that and its attraction, what possible grounds in comparison can the council then demand we have to comply with those unjust demands made on us on the 7.12.2006 except in a shameful premeditated persecution of our humble but world wide attraction of a  railway and tea rooms on Sanday…From that date to this some 18 months later at NO TIME SINCE has the Orkney Islands Council Legal department answered our appeals for an explanation after we had complied with all asked of us by the council without any accident for 9 years as the council stated in approving our tea rooms…’The Established Sanday Light Railway.’ It has been a stonewall of silence by the councils legal department with no answers ever given. As Orkney Today in January  2007 stated, ‘The Orcadian People and Sanday Light Railway have a right to know WHY?’

2-2. Is it not that we have suffered and sacrificed enough…We continue to be bullied through the courts after countless adjournments by the builder in Orkney…Denied entitlement to legal aid by the Government regardless of qualifying on all grounds.. Solicitor’s turning their backs on us for legal aid. ( One morally commendable solicitor, breaking ranks in document now before the ECOHR informing us that right of access to justice in our case will be impossible to find.’.)

In a further profound injustice by the Scottish Government and failure by its legal system of those so profoundly deserving, we are reduced to selling our possessions to pay other solicitors in Glasgow on eBay, and in final humiliation in handouts from our family….

2-3. Finally today 30.8.2008 . after all before, is it right, in our sacrifice for a member of the Royal Household, and such unjust persecution since, that another of those local authorities in full awareness of those facts in final vengeance can even further abuse our rights in another court action so inhuman?  Regardless of appeal before the European Courts, the Highlands & Islands Enterprise board in Inverness, another Flag waving Scottish Government authority, only a few days before promoting worldwide , ‘Innovative social enterprises in the Highlands and Islands will be highlighted at the Social Enterprise World Forum opening at Edinburgh Castle next week.’ HIE website 26.8.2008.) demands we AGAIN IN ANOTHER COURT, defend ourselves or find more solicitors to defend that which should never have come to court, in continued persecution by those local authorities who seem not to care about European law, and hold no respect for life, families, or  those who served with such pride their country that Scotlands government claim to respect and embrace on their return to society in thanks for that loyalty to Queen and country....Shame on them..

This is the TRUE  story , shamefully documented, that those local authorities,  the Scottish Government and HIE, may not wish to share with our country, regardless of that right  of 'Freedom of Information.... Of one family who served the United Kingdom with pride in a profound belief of the  lawful and human rights of all and pride in  being a British subject…No more.... Shame on our country.….

Let the European Court of Human Rights, Strasbourg now decide under those Articles and Protocols of the Convention as set out below.. 30.8.2008.

ARTICLE 3. Freedom from torture, or inhuman or degrading treatment. In denial of those rights and of (3.24) (3.25) (3.27) ‘The public authority is also responsible for the acts of people who work for them even if they do not know or approve of what those people are doing.’ Failing to provide or withdrawing proper medical help to a person with a serious illness.

THE SCOTTISH GOVERNMENT HEALTH AND COMMUNITY CARE WEBSITE WEDNESDAY 21.5.2008 www.scotland.gov.uk/Topics/Health :- The Military and Civilian Health Partnership Awards (MCHP) is a new campaign for 2008. It aims to recognise the partnership between members of the Defence Medical Services and civilian healthcare professionals, providing care for service personnel, veterans and their dependents.

Protocol 1. Article 1. (3.112) the right to peaceful enjoyment of your possessions. Public Authorities cannot usually interfere with things one owns or the way that one uses them.’ (3.113) Including that of business. (3.115)The right under this Article to peaceful enjoyment of property without interference. The right to use, develop, sell, destroy or deal with ones property in any way one pleases. The right to protection of property means that public authorities cannot interfere with the way that you use your property unless there is a law that lets them do it

R.I.P. SANDAY LIGHT RAILWAY & BRIEF ENCOUNTERS TEAROOMS...( CLOSED.)