Gran demands £3k payout from Trump
She was filmed urinating at golf course, court told
A GRANDMOTHER who was filmed urinating on Donald Trump’s Scottish golf course should get £3,000 in damages because she was left feeling ‘distressed’, a court has heard.
Rohan Beyts, 62, is making a claim against Trump International Golf Course Scotland – which is fully owned by the US President – alleging staff breached data protection laws by recording her.
The retired social worker claims she was careful to avoid being seen when relieving herself in a dune at the course near Balmedie, Aberdeenshire, in April 2016.
Her lawyer, Solicitor advocate Mike Dailly, yesterday told Edinburgh Sheriff Court that his client had accessed the course in accordance with the terms of the Land Reform Act 2003.
‘She was using a right of way that had been legally established,’ he said. ‘The pursuer gave evidence that she was suffering from a bladder problem. She took great care when she went to the toilet.
‘She went far out of sight and was covered by marram grass when she crouched down.’
Mr Dailly told the court that Trump International had not registered with the Information Commissioner’s Office at the time.
He said the Data Protection Act stated that only organisations which had registered could record images of individuals and pass them on. During his closing submission on the second day of the small claims hearing yesterday, Mr Dailly said Miss Beyts ‘was clearly left distressed by the incident’.
He added: ‘It is my submission that the pursuer has set out and established her case and that damages should be awarded to her.’
The first day of the hearing, on Monday, was told how Miss Beyts had been walking on the course and urgently needed to urinate.
The long-time campaigner against the Trump development said she was being treated for urinary incontinence at the time.
Police officers later visited her home in Montrose, Angus, and she was arrested. The procurator fiscal decided no action would be taken.
Yesterday, solicitor advocate Paul Motion, for Trump International, claimed that Mr Dailly had misunderstood the data protection law.
He said the Act allowed those not registered with the Information Commissioner the right to record images in certain circumstances – and these included the detection and prevention of criminal acts.
Public urination, the Solicitor advocate said, is an offence covered by the Civic Government Scotland Act. He said: ‘The public interest lies here in the event being recorded.’
Mr Motion added that Miss Beyts had given interviews and made social media postings in which she did not appear to be traumatised. He added: ‘Perhaps she wanted to highlight and publicise her opposition to the golf course.’
Sheriff Donald Cooke will issue his decision on the matter today.