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A legal battle over the ownership of a horse evicted from a residential house is to be aired in a court hearing.

 

The Comhairle effectively took Stephanie Ann Noble’s adult Connemara pony (pictured above), called Grey Lady Too, into care, claiming its living conditions for the previous two years in the front room of the ex-council house at Broadbay View, Back, in Lewis, were too cramped.

 

Though Ms Noble is still the official owner, the local authority has been forced to pay an estimated £5000 to look after it.

 

A legal blunder resulted in the council’s earlier bid to abolish Ms Noble’s rights to the animal being thrown out of court.

 

Ms Noble’s name was missing from a legal document, thus failing to specify who the legal action was against.

 

In May, Sheriff David Hall rejected the case and ordered Western Isles Council to pay Ms Noble’s legal fees which could take the council's running total to around £10,000  for the animal which Ms Noble purchased for about £1,900 in 2011..

 

But the local authority still refuses to hand back the horse.

 

It has now returned to Stornoway Sheriff Court to try again.

 

In court, council lawyer Sheekha Saha urged a speedy process.

 

She said Ms Noble’s solicitor, Angus Macdonald is “very keen to assure me the defender is committed to find a solution.”

 

The “potential solution” was not discussed in court but it is believed to be a proposal over accommodation Ms Noble would provide on Lewis to get the horse back.

 

Ms Saha said Ms Noble had “failed to provided us with information” over her “potential solution.”

 

She believed it would be ultimately reject as there has been “discussions for the last three years” which led nowhere.

 

It was “nothing new” and was a repeat of what was raised in 2012, suggesting it would be Ms Noble telling the council “this is the position.”

 

She added: “Further delay is unacceptable.”

 

Angus Macdonald replied: “Any delay is down to the local authority raising a completely incompetent action.”

He added: “Lets fix a hearing and, if in the meantime, we can resolve the matter, then so be it.”

 

Sheriff David Sutherland called for a formal hearing to be held in January.

 

The council is expected to put up four witnesses while Ms Noble will have two.

 

 

Horse custody battle goes to court again

 

9 October 2015