BARRY rooftop protester Ricky Canty will appeal against a decision to hold him liable to partially pay a Vale council tax demand.

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

But District Judge John Charles, hearing representations after magistrates last month decided the case should be heard by a 'higher mind', decided Mr Canty was liable to pay £411.44 with 21 days in prison if he failed to pay £5 a week within 14 days.

Defence solicitor, Peter Mallia, argued his client - who now lives in Cardiff Bay - was in prison for three months and not in receipt of Job Seekers Allowance (JSA) for the 2006/07 period that the Vale Council claim he was in debt.

Barry magistrates in March this year found Mr Canty guilty of non-payment and issued a warrant for his arrest without bail, but the order went unenforced.

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 said Mr Canty had not been in receipt of any income and relied on friends and relatives placing food in a bucket attached to a rope to survive.

"I have in the interim made representations to the council, because there is power within the council to decide whether the liability was fair, but they have chosen not to do that," he said.

"This man, until November 14, was 27 months on the roof."

District Judge John Charles, ruling that Mr Canty was partially liable to pay council tax, said: "At the very least there has been culpable neglect."

Mr Canty, after his court appearance, told the Barry & District News he would dispute the council charge.

He said: "I'm going to ap-peal against the decision that was made.

"My solicitor is going to do that for me."

Two men, alleged to have removed Mr Canty from the roof and assaulted him, remain on police bail until December 17 pending a decision by the Crown Prosecution Service.