By Richard Burdge

BUSINESSWOMAN ANN Gloag has been accused of disregarding the rights of the general public in attempting to restrict access to the grounds of her castle near Perth.

In the latest flurry of documents to be lodged at Perth Sheriff Court before Sheriff Michael Fletcher decides the merits of the case, the Ramblers’ Association say that the Stagecoach tycoon is only looking at the situation from her perspective and giving no thought to walkers.

“How convenient it is to label an access taker as an intruder and to forget him or her in this self-serving formulation,” say solicitors Pattison and Sim.

“The pursuer (Mrs Gloag) forgets that the access taker too has rights.”

Mrs Gloag is seeking approval to bypass right to roam legislation for part of her Kinfauns Castle estate. She claims that the public should have no right to walk within an established one-mile perimeter at the castle, which is set within a 28-acre estate off the Perth to Dundee road.

She believes that if she is forced to move a two-metre high fence closer to her home it would open the estate to raids by organised gangs and expose her family to the danger of kidnap.

The Ramblers’ Association are also critical of Mrs Gloag’s failure to give evidence on her own behalf during the proceedings at Perth Sheriff Court.

“We have already commented adversely upon the pursuer’s absence from the courtroom, in a case in which she sought an exceptional remedy and complained of a breach of her human rights,” said the association’s solicitors.

“It is submitted that the court might be cautious in responding to an application for a remedy from such a pursuer who did not trouble to come to court on grounds of personal convenience, yet her name was on the witness list.

“How real, or imagined are her concerns, if indeed they have to weigh in the balance at all? The court can never know.

“The pursuer’s approach is entirely centred upon her own stated needs and the needs of employees and family.

“Her breadth of vision doesn’t extend at all to either the behaviour or the lawful requirements of reasonable bona-fide access takers behaving lawfully and reasonably.”

In response Mrs Gloag’s solicitors, Levy and McRae, contended that there had been a full explanation to the court why her husband gave evidence instead of her, including claims of possible media intrusion and the fact he is based at Kinfauns far more than she.

They also said that there was “nothing exceptional” about the application.

“In making this application Mrs Gloag is exercising her right which she has under the act to have the sheriff determine whether or not the land which is the subject of this action is sufficient to enable her, her family and her staff who are living in the house at Kinfauns to have reasonable measures of privacy there and to ensure that their enjoyment of the house is not unreasonably disturbed.”

Sheriff Fletcher will now consider these latest submissions before making his finding.