NE Scotland, Orkney & Shetland

Closing submissions in woman's privacy case against Trump International

Rohan Beyts
Image caption Rohan Beyts' case is being heard in Edinburgh

The lawyer for a woman who is pursuing Trump International for damages has made his closing submission.

Rohan Beyts, 62, is accusing the company of breaching data protection law by filming her without her permission or notice.

She claims she was filmed by male employees as she urinated in sand dunes while out walking at the Menie Estate in Aberdeenshire a year ago.

Trump International has denied the claims.

Ms Beyts is claiming £3,000 from the company which was run by Donald Trump before he became the US president.

Her lawyer, Solicitor advocate Mike Dailly, told the small claims court in Edinburgh that staff from Trump International took photographs of her despite the fact the company was not registered under the data protection act.

He said it was clear Ms Beyts, from Montrose in Angus, had indicated she was distressed as a result.

Mr Dailly told the court: "The evidence led by the pursuer shows that she was clearly left distressed by the incident.

"It is my submission that the pursuer has set out and established her case and that damages should be awarded to her."

Trump international contests the claim.

The lawyer for Trump International also made his final submission in case.

Paul Motion said there was a question if Ms Beyts suffered distress as she claims.

He said she elected to go public about the fact she was initially charged for urinating in public.

Mr Motion said she made mention of this in numerous posts on Facebook and in media interviews.

He questioned if her true rationale was to publicise her opposition to the golf course.

'Matter of urgency'

Ms Beyts told the court on Monday that she had gone walking with a friend in April last year and had to pass through the Trump International Golf Club to get access to the beach.

She said that while on the beach she had gone into the dunes after realising that, due to a medical condition, she needed the toilet urgently.

Ms Beyts said she had taken notice of Mountaineering Scotland's guidelines for what to do if you need to urinate outside, and that she would have been horrified if anyone had seen her.

She told the court she "needed to go as a matter of urgency" and there were no golfers visible.

Three days after her walk, police officers arrived at her house to charge her with urinating in a public place that could cause annoyance.

After speaking to police on a further occasion, she was told three men had mobile phone footage of her urinating.

The court also heard from the golf course irrigation technician who said he had taken a photograph with his mobile phone of Ms Beyts urinating.

But Edward Irvine, 23, said he had not filmed Ms Beyts.

No action

He told the court that he took her picture "for evidence that she was urinating in a public place", which he believed to be a criminal offence.

Mr Irvine then gave a statement about what he had witnessed to a police officer.

The green keeper also told the court that he had seen golfers urinating on the course. He said those golfers went into bushes before going to the toilet.

He said Ms Beyts did not do this and he was able to photograph her.

Ms Beyts was reported to the procurator fiscal, but no action was taken against her. She in turn launched a claim for damages against Trump International.

The hearing continues.

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