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."

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

MAGISTRATES in Barry have issued a no-bail warrant against rooftop protester Ricky Canty for non-payment of council tax, following a Vale Council application.

The Vale Council say the 58-year-old former car salesman owes £741.44 in council tax for the year 2006/07, but he claims he was exempt because he was in receipt of Job Seekers Allowance before he was sent to prison for three months last summer.

Ricky has been occupying the roof of his former home in Raldan Close, Gibbonsdown, for more than 18 months - but was sent to prison for contempt of court, for refusing to get down, after ten-and-a-half months.

He climbed back onto the roof a week after his release on June 4.

Ricky wrote to the court telling them: "I have not received a penny from the Jobseekers Allowance since June 5.

"I am not responsible for the Council tax costs while I am unemployed and or imprisoned or on the roof.'

"I can't pay council tax for a property I have been evicted from. It's madness.

"I won't come down until I get justice," he added.

"I don't care if King Kong comes out here.

"I'll be back on this roof.

"I aint going nowhere."

A Vale Council spokesman said: "In the absence of Mr Richard Canty, an arrest warrant without bail was obtained in respect of council tax arrears of £741.44.