Arthur's Seat chairlift owner, Richard Hudson, who was convicted to take responsibility for the incident of the tourist attraction in 2004 with a penalty of a maximum $250,000 now finds support of the Court of Appeal, which downgrades his penalty.
The chairlift incident in 2004 led to a leg injury of a woman due to a grip mechanism being out of order and one chair crashing into another.
The owner received a high penalty because he was accused of not having maintained his chairlift construction properly which was judged to be an act of lacking moral culpability.
Nevertheless, the judges incorrectly claimed that an incident that happened in 2000 was important to the accident of 2004 and did not acknowledge that the construction worked without a single slippage in 44 years. Furthermore, it did not take into account that the accused immediately pledged guilty.
The too drastic penalty now has been corrected by two justices of the Appeal Court, Marcia Neave and Peter Buchanan, who reduced the amount to $60,000. Peter Buchanan explains the decision: "In all the circumstances, and particularly having regard to the safety record of the chairlift, its importance to the local economy and the financial position of the appellant, I regard the fine imposed upon the appellant as excessive”.
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