The legal eagle behind Aberdeen traders’ bus gate legal challenge has spoken out for the first time – and thrown down the gauntlet to Aberdeen City Council.
Spearheaded by veteran clothes shop owner Norman Esslemont, a band of local businesses have enlisted Alasdair Sutherland, a partner at Burness Paull.
The local vendors have been backed by the donations of hundreds of residents, raising more than £20,000 so far in an effort to take the council to court.
They believe the case for the traffic bans to be riddled with legal loopholes, meaning the council could ultimately be forced to sensationally rip up the scheme.
Planning guru Mr Sutherland has now publicly called out Aberdeen City Council over the legal advice officials have received, which has been kept shrouded from the public and only shown to councillors under strict conditions.
The Edinburgh-based lawyer is no stranger to wrangles like this one, having previously torpedoed Highland Council’s plans for contentious measures in Inverness.
And he has now told the local authority that “everything will come out” in court, warning the dubious nature of the “experimental” measures could be torn apart if the row reaches the legal arena.
Who is Alasdair Sutherland?
Mr Sutherland has close to 20 years experience in his field, and is currently the head of planning and environment at Burness Paull.
He previously hit the headlines for leading the crusade against traffic bans on Academy Street in Inverness – forcing the local authority to scrap its proposals.
So when the group of disgruntled traders began searching for a top legal mind to take the fight to the council, they knew just who to turn to.
More than £20,000 has been raised already by businesses and members of the public to fund the potential battle, with more than 440 pledges as of Tuesday.
And after meticulously combing over the details, the bus gate lawyer is confident he can replicate his victory in Inverness if it comes to a courtroom showdown.
Legal ace calls council’s bluff over legal advice
One of the most controversial chapters in Aberdeen’s bus gate saga has been the row over classified legal advice given to council top brass.
During a tense meeting in October, councillors were only allowed to briefly view the top secret document, with opposition members left baffled over the procedure.
And more recently, council lawyers were branded “unaccountable”, after a fiery summit over dodgy technology.
Ahead of crunch talks last month, time was set aside to give members a run-down on where the local authority stood legally.
But some councillors were left dismayed by how these appointments were carried out – as they were left straining to see a screen while council officials talked them through their version of the advice.
Despite the row over this information being hidden, council lawyers said they were “not concerned” about any legal threat.
Legal ace calls council’s bluff over advice
Speaking to The Press and Journal, Mr Sutherland called that confidence into question.
He believes this reluctance to share the information shows the council’s weak hand in this high stakes game.
He said: “There does seem to be a reluctance on the part of the administration and the officers to be completely candid about the legal advice they’ve received.
“If the council is very confident in its position, then they should not have any problems explaining the advice that they have received.
“They could even release that advice if they wanted to.
“In the absence of doing so, it does give the impression that they might not be quite as confident, or the advice they have received might be slightly equivocal.”
Bus gate lawyer receiving little engagement from council
The bus gate lawyer also hit out at the council over its lack of communication with traders ever since legal action was first threatened.
Mr Sutherland has written to the local authority twice to try and de-escalate the situation, but has been left dismayed by the response.
He explained: “It’s frustrating from my point of view because we’ve been very open and transparent.
“We have explained to them the basis in which we see that they do need ministers’ consent to make the bus gates permanent.
“But the only reply we’ve had from them is just to assert that they have considered it, they have taken the advice and, in their opinion, they don’t need consent.
“They haven’t explained why they think that is the case, which is quite frustrating.”
Crunch courtroom clash could turn ugly for council
The bus gate lawyer reiterated that his side are “prepared to engage” with the council before the case potentially comes before a judge.
But the local authority would have to explain why they believe they acted lawfully during the process of perpetuating the bus gates.
Do you think the council share their legal advice? Let us know in our comments section below
Mr Sutherland also issued a warning shot towards his opposing corner, hinting that it would be in the council’s best interest to keep things out of the courtroom.
He said: “If we end up in court about this, then everything will be opened up in terms of every single aspect of what the council has done to date, which would be disappointing.
“So, it would be far better for the council if they just engaged with us properly now, rather than having everything aired out in court.”
Aberdeen City Council has been approached for comment.
Read more:
Conversation