" How much for the kid?'
Molly Forbes, the 86-year- old Aberdeenshire widow threatened with eviction and a legal bill of up to £50,000 by the US billionaire Donald Trump, is to appeal to the European Court Of Human Rights.
She is applying for a ruling from the court in Strasbourg that she has been denied access to justice because she was refused legal aid in Scotland. Deprived of financial help, she was forced to discontinue a court challenge to Trump, who is now pursuing her for legal costs.
“I haven’t got the money to pay costs so he’ll just have to take a penny a week,” Molly Forbes told the Sunday Herald. “I think he’ll have to wait until after I’m dead until he gets it all.”
She pointed out that the chalet where she lives on the coast at Menie is worth considerably less than £50,000. “But I don’t want to sell it, I want to live in it,” she said. “It’s my pride and joy. It’s my paradise.”
Forbes, along with her son, Michael, who lives next door, and a handful of other residents, have been threatened with eviction to make way for the tycoon’s £750million golf and hotel resort.
She made headlines last year by launching a legal action against Trump and Aberdeenshire Council for a judicial review of the decision to give the development the go-ahead. But she was refused legal aid on the grounds costs could have been met by other residents.
“It’s all crooked, it’s just a sham,” she said. “Why should some of those top knobs in Government with their crooked ways of claiming money get legal aid but I can’t? I think I can’t get any because I’m too honest.”
The prospect of eviction and a £50,000 bill worries her deeply. “There’s always so many bills to pay,” she said. “I have never in my life borrowed money. I pay up front for everything I’ve ever owned.”
It was difficult to save any money because of the high costs of power, heating and transport, she argued. She has had to repair her oil boiler in the recent cold spell, and was planning to give most of her 15 grandchildren and 12 great-grandchildren money for Christmas.
Another court hearing on her legal expenses is due to take place in Scotland next month. “I’m dreading January because of the hearing,” she said. “I won’t be sleeping then.”
A complaint on behalf of Molly Forbes was filed with the European Court Of Human Rights on Friday by her lawyer, Frances McCartney. It argued that her right to a fair hearing under Article Six of the European Convention On Human Rights had been violated.
“Mrs Forbes is pursuing the complaint to challenge her inability to have a full hearing before the courts,” said McCartney. “She could not have financially proceeded with the action without legal aid.”
The Scottish Government referred questions about the case to the Scottish Legal Aid Board, which determines applications for legal aid. The board pointed out that an application for a judicial review of its refusal to grant legal aid is currently being considered by the Sheriff Principal of Lothian and Borders, Edward Bowen.
A legal aid spokesman said: “The initial application did not meet the reasonableness test for civil legal aid as there were other people with an interest in the case who could have helped to fund the court action. Where persons embark on legal actions without full legal aid being granted there is a risk that they will become liable for expenses and find themselves in the difficult position that this lady is in. This is not a course of action that she should have taken in the way that she did.”
The Trump Organisation insisted that it was not a human rights issue, and reiterated a series of accusations about the case. “Forbes’ family has been manipulated by a small group of opponents with a dead agenda who continue to exploit our neighbours,” said a Trump spokeswoman. “It is sad that this type of conduct is encouraged and admired by the gaggle of Central Belt objectors. We will continue to rigorously defend any attempts to undermine the development of Trump International Golf Links, Scotland.”
She added: “It is regrettable that an elderly woman has been used to front this frivolous court action. There are consequences for filing a baseless claim and her son and lawyers should pay the expenses.”
A spokesman for Aberdeenshire Council said: “No decision has yet been taken by the council as to whether to pursue costs in connection with this case.”
Molly Forbes was, however, strongly defended by Martin Ford, an Aberdeenshire councillor who is a member of the Scottish Green Party and an opponent of the Trump development. “Molly Forbes was unable to get justice in Scotland,” he said.
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