By Chris Hardy

A MONTROSE man whose appeal against a smoking fixed penalty notice was upheld, has voiced his concern about the way he was treated by his Angus Council accusers in the four months leading up to his hearing.

Ally Rennie, a retired school janitor and a part-time driver for bakery firm Frost, was accused of smoking in his delivery van.

Mr Rennie, who has not smoked since 1985, described the council’s case as a shambles and claimed the way he was treated raised questions about the manner in which the Smoking, Health and Social Care Act is being pursued by the authority.

“The wrongful accusation not only baffled me but caused me considerable anguish,” said Mr Rennie.

“I have received a letter from the council to state that the smoking in public places sub-committee have upheld my appeal against the fixed penalty notice and asking me to accept it as formal notification of its withdrawal.

“I feel an apology is due but have been told that I had got all I was getting.”

Mr Rennie’s worries began in October when he received a letter which stated that two council officers had seen him smoking in Frost’s van on September 12 and notified him of the £50 fixed penalty.

“When I phoned the council to find out how this could have happened and to say there must be a mistake, I was told that if I didn’t pay I would be taken to court and that sheriff’s officers could visit me to uplift goods to the value of the penalty. I was warned there were two witnesses against me.

“The officer I spoke to was downright rude and I felt threatened by him.”

Mr Rennie, upset at being wrongfully accused and concerned about the possibility of a blemish on his character, employed a solicitor to pursue his case, which was considered on January 14.

“I went with 10 character references from people who know I have not smoked for over 20 years,” said Mr Rennie, whose stance was backed by his employer.

He has claimed that his two accusers could not identify him, could not say what he was supposed to have been wearing and that there were glaring inconsistencies in their evidence.

“Their evidence was a total washout. In my view they were expecting me to pay the fine and were not expecting this examination.

“This whole episode has caused me worry and expense and I would hate to think of anyone else being treated in this way.”

Angus Council has said that two smoking enforcement officers reported that they had witnessed Mr Rennie smoking while driving a commercial vehicle.

In accordance with council procedures the vehicle registration number was taken and the company approached for the name of the driver. Mr Rennie was then issued with a fixed penalty of £50 under the legislation banning smoking in public places.

“Mr Rennie subsequently appealed against the fixed penalty and after hearing all the evidence, the smoking in public places appeals sub-committee upheld his appeal,” said a council spokeswoman.