MAGISTRATES have jailed Barry's former rooftop protester Ricky Canty for 21 days, after he failed to partially pay a Vale Council tax demand.

District Judge John Charles decided the 59-year-old former car salesman was liable to pay £411.44, with 21 days in prison if he failed to pay £5 a week within 14 days at a Barry magistrates hearing last November.

Prosecutors acting for the Vale Council originally claimed Canty, who was allegedly removed from the roof of his former Raldan Close home in October and assaulted, was £811.44 in arrears.

The Vale Council claimed Canty, who has been living in Cardiff Bay, was the owner according to a land registry search, at the time for which the Authority was claiming.

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 he had appealed to the Vale Council to review its claim, but had received a letter back from Paul Russell, on February 9, saying he had reviewed his own original decision and decided he was right.

Mr Mallia said: "That doesn’t seem to be natural justice that someone can review their own decision.

"If he’s not the owner of the house he has no liability.

"I can’t find any authority to suggest that somebody who is a trespasser on a roof is liable to pay council tax.

"It would seem a grave injustice to see him in prison when the matter is still to be resolved."

Chairman of the Bench, David Taylor, addressing Mr Canty, said: "The decision on November 27 last year by District Judge John Charles was very clear.

"We have not had any payment since November.

"Therefore we have no option but to enforce the suspension of the prison sentence for 21 days."

Speaking after her brother had been led away to prison, Penny Richards appealed to all those friends and residents who had supported Rick when he was on the roof to each pay a pound to help clear the debt.

She added: "I think it’s (the decision) absolutely disgusting.

"It’s not what I was expecting."

A Vale Council spokesman said Mr Canty had the right of appeal to the independent South Wales Valuation Tribunal in connection with his liability.

He added: "The council remains determined that all attempts should be made within its statutory powers to enforce recovery of the Council Tax to pay for vital council services."