BARRY rooftop protestor Ricky Canty left court last week after magistrates decided a decision on his council tax liability should be made by a “higher mind”.

Prosecutors acting for the Vale Council claim the 59-year-old former car salesman, who last month was allegedly removed from the roof of his former home in Raldan Close and assaulted, owes the authority £811.44 in unpaid council tax.

Mr Canty’s solicitor argued his client was in prison for three months and did not receive Job Seekers Allowance (JSA) for the 2006/07 period for which the Vale Council claim he is in debt.

Barry magistrates earlier this year found Mr Canty, now of Cardiff Bay, guilty of non-payment and issued a warrant for his arrest without bail, but the order went unenforced due to safety concerns about removing the defendant from the roof.

The prosecution, brought on behalf of the council by revenues and benefits manager Nigel Smith and revenues manager Paul Russell, claimed Mr Canty was liable to pay council tax between April 2006 and March 2007.

Defending, Peter Mallia urged the bench to decide whether his client was guilty of culpable neglect to pay and either imprison, or request partial or full payment.

Mr Mallia told the court there was no precedent for a trespasser paying council tax, and that the Department of Work and Pensions had confirmed Mr Canty had not received JSA since April 2006 and, although a claim was made on June 6, 2006, no payment was made.

He added: “What has happened to the owners of the property?

“What was their liability to it?”

Chairman of the bench, Peter Emary said there was an unusual nature to this case and it was complex.

“It’s a situation where we are damned if we do and damned if we don’t,” he said.

“We don’t want to do anything as a bench of magistrates which will make Mr Canty’s situation worse.

“We are trying our hardest to be fair to Mr Canty because there has been a lot of publicity over his situation.”

He added: “This bench has never dealt with a man who has been on the roof for 28 months. Our decision is that we are going to pass this to a District Judge.”

The case was referred to Barry magistrates court to be heard on Thursday, November 27.

Mr Canty, speaking outside court, said: “I was evicted and in prison so I don’t owe any money.”

Vale Council Head of financial services, Clive Teague, said the current owners had been billed for council tax liability in respect of the period from May 2007.