A council’s court bid to maintain control of a horse that previously lived with its owner in her house for two years, was challenged today.
Pensioner Stephanie Noble’s lawyer argued that Western Isles Council had no legal right to seize the pony and take it to another island.
Western Isles Council went to Stornoway Sheriff Court to seek authority to sell the Connemara pony, or donate the animal to a rescue centre.
Angus Macdonald, representing Ms Noble, claimed that the animal welfare legislation under which the council has brought the action, the local authority was not deemed to be “a person,” or any of the specified legal entities that could pursue the action.
Mr Macdonald said: “I don’t believe the local authority are empowered to raise proceedings. If the local authority were empowered to raise these proceedings it would specify it quite clearly.”
Sheekha Saha, representing the council, argued that local authorities had long taken such proceedings.
“I don’t think there’s an issue there at all,” she said.
Sheriff David Sutherland deferred the case for the arguments to be heard at a later date and to allow Ms Noble to apply for legal aid.
The horse, Grey Lady Too, was seized by the council in March from outside the Back home where Ms Noble had kept the animal in the front room since Christmas 2011.
It was taken to a animal centre on Uist, more than 80 miles away.
The council has allowed Ms Noble, 67, “visitation rights” and outside the court today she said she has visited her beloved horse.
“I found her to be quite depressed and I had planned to go down at least once more but then decided that if I have to part from her it would be better for her, and me, not to go.
“If she is returned to me I can get her mental health, and mine, restored. She is missing me and I am missing her desperately.
“Taking her away from me is bad enough – but to a different island is just added torture.
“I just can’t believe how cruel this council is. I intend to win her back and keep her in better circumstances.”
The council said that under the Animal Health and Welfare (Scotland) Act 2006 it had the power to “take possession” of the pony if a vet said it was likely to suffer.