Four Councillors Resign After Vote to Allow Rapist Taxi Driver to Retain Operator Licence

Four councillors quit after vote for rapist – Highland Council has faced backlash after a group of four local representatives resigned from the licensing committee following a decision to permit a convicted rapist to maintain his taxi business licence. The councillors, including Sean Kennedy, John Grafton, Duncan Macpherson, and Willie MacKay, voted to keep the operator’s licence of David Brown, a 50-year-old man who was sentenced to six years and nine months in May 2024 for sexually assaulting an 18-year-old female passenger.

The Incident and Legal Proceedings

The incident that sparked the controversy occurred in December 2023, when Brown, who operates a taxi service near Inverness, picked up a young woman after she returned from a night out. According to court records, he drove past her intended destination and stopped at a lay-by near a farm, located between Strathpeffer and Dingwall, where he sexually assaulted her. After leaving her in sub-zero temperatures in Dingwall, the victim endured a harrowing ordeal, as described by the judge who presided over her case. Brown, from Croy, denied the allegations, claiming the encounter was consensual, but was ultimately found guilty after a three-day trial.

“Speaking as a father of a daughter and a brother to three sisters, and as a grandfather, it troubles me that the decision I took in the committee has created a feeling of concern or insecurity about women’s safety in the Highlands.”

Brown’s driver’s licence was suspended in January 2024 once details of his crime surfaced. However, his operator’s licence, which allows his vehicle to function as a taxi service, was upheld by the committee. This decision came just weeks after his sentencing at the High Court in Stirling, drawing criticism from both the public and local authorities.

The Voting Process and Controversy

The licensing committee, composed of six male councillors, voted to continue Brown’s operator’s licence following a request from his family. Meanwhile, the four female councillors opposed the decision, citing concerns over women’s safety. The vote was conducted in private to safeguard the identities of the victim, as noted by Grafton and Macpherson, who later resigned from the committee.

Macpherson, a Highland Alliance councillor, stated that the decision was based on the information presented during the meeting. He emphasized that officials had assured him Brown would not be allowed to drive again, which influenced his vote. “I was confident that the licence would ensure his vehicle remains operational without him behind the wheel,” Macpherson said. However, the move has been condemned as sending a “harmful message” to women, with organizations like Highland and Rape Crisis Scotland highlighting the potential impact on public safety.

“The remaining vehicle licence would expire well before he was due for release. It is my compassion and my processing which led me to this decision on the day.”

Chris Birt, an SNP councillor and one of the six male members who supported the decision, was urged by his party’s leader, Raymond Bremner, to step down from the committee. Bremner expressed his belief that the decision’s consequences for women’s safety outweighed its procedural justification. “I hope everyone is first and foremost considering the impact this is having on the victim and, more widely, other women in Highland,” he said.

Aftermath and Councillors’ Resignations

Following the decision, the four resigning councillors — Kennedy, Grafton, Macpherson, and MacKay — left the committee in solidarity. MacKay, an independent councillor, also resigned from his role as a council member, while Grafton was suspended by the Scottish Liberal Democrat group on Highland Council. The committee’s actions have sparked debates about its role in balancing legal processes with social responsibility.

Brown’s operator’s licence, distinct from his driver’s licence, enables him to manage the taxi business. While the driver’s licence was suspended to prevent him from operating vehicles, the committee chose to maintain the operator’s licence, allowing him to continue his services. This distinction has been a point of contention, with critics arguing that retaining the operator’s licence could perpetuate the perception that Brown’s crime is somehow less severe.

Reactions and Implications

The decision drew swift condemnation from Police Scotland, which had opposed the continuation of Brown’s licence. The Rape and Sexual Abuse Service highlighted the committee’s choice as a “harmful message” to women, emphasizing that allowing a rapist to keep his business licence undermines efforts to protect vulnerable individuals. The council licensing committee, which discussed the matter privately, had three options: take no action, suspend the licence, or revoke it. The group opted for the latter, raising questions about the criteria used to evaluate the risk posed by Brown.

Grafton, who was suspended from the Liberal Democrats, reflected on the decision in a recent interview with BBC Scotland News. He admitted that with hindsight, an alternative outcome might have been possible, as some information was not available at the time of the vote. “I asked officials if there were any legal implications around the licence, and they assured me Brown presented no current threat,” Grafton explained. However, he acknowledged that the committee’s role is not to impose punishment, but to assess operational risks.

Macpherson’s statement underscored the emotional weight of the decision, particularly as a father and grandfather. He described the committee’s vote as a compromise that, while legally sound, left him feeling conflicted about the safety of women and girls in the region. “I sincerely believe I have not compromised women’s safety in this case, but the concern it has raised is too significant for me to ignore,” he said.

Meanwhile, the SNP group’s leader, Raymond Bremner, has taken a firm stance on the matter. He stated that the council’s actions should prioritize the safety of women, stressing the need for accountability. “This decision has created a sense of insecurity among women in Highland, and it is crucial that we address that,” Bremner argued. His call for Birt’s resignation reflects a broader push within the council to align with the community’s expectations.

The Debate Over Licensing and Justice

The incident has reignited discussions about the role of licensing committees in ensuring public safety. Critics argue that the decision to retain Brown’s operator’s licence sends a message that criminal acts can be overlooked if the individual is still capable of running a business. Supporters, however, contend that the committee acted within its authority, relying on available evidence at the time of the vote.

Brown’s case has also drawn attention to the importance of transparency in licensing processes. The committee’s private deliberations, while intended to protect the victim’s identity, have been questioned by some as a way to shield the decision from public scrutiny. As the controversy continues, the resignations of these councillors signal a growing divide between procedural adherence and the moral imperative to safeguard women’s safety.

The aftermath of the vote highlights the complex challenges faced by local authorities in balancing legal obligations with societal values. While the committee’s decision was rooted in a specific set of facts, the public’s reaction has forced a reevaluation of how such cases are handled. As the debate unfolds, the focus remains on ensuring that the safety of women and girls in the Highlands is not compromised by bureaucratic decisions.