Four Councillors Resign Following Controversial Vote on Taxi Operator Licence
Willie MacKay, pictured far left, has resigned as a councillor after stepping down from the Highland licensing committee alongside Sean Kennedy, Duncan Macpherson, and John Grafton.
Four councillors who voted to permit a convicted rapist taxi driver to retain his operator's licence have resigned from the Highland Council's licensing committee.
Background on David Brown's Conviction and Licence Status
David Brown, aged 50, was sentenced to six years and nine months in prison in May following his conviction for attacking an 18-year-old female passenger in December 2023.
Last month, after a request from Brown's family, the committee—comprising six male councillors and four female councillors—voted on whether to allow Brown to keep his operator's licence. The six male councillors voted in favour, while the four female councillors opposed the motion.
Following public criticism of the decision, committee chairman Sean Kennedy, along with John Grafton, Duncan Macpherson, and Willie MacKay, resigned from the committee.
Independent councillor MacKay also resigned from his position as a councillor, while John Grafton was suspended by the Scottish Liberal Democrat group on Highland Council.
Sean Kennedy served as an Independent councillor.
Details on Licence Types and Suspension
Brown's taxi driver's licence, which permits him to drive, was suspended in January 2024 after details of his offences became public.
His operator's licence, a separate authorisation, allows his vehicle to be used as a taxi business.
Public and Official Reactions to Licence Decision
The decision to allow a convicted rapist taxi driver to retain his operator licence has been described as sending a "harmful message" regarding women's safety.
Brown was convicted of raping a teenager and then abandoning her in sub-zero temperatures.
Incident Details and Court Proceedings
The Highland licensing committee considered Brown's operator's licence just weeks after his sentencing at the High Court in Stirling.
The court heard that Brown picked up the 18-year-old passenger, who had been out in Inverness and wished to return to her Highland village.
Instead of taking her directly, Brown drove past her destination and stopped in a lay-by near a farm located between Strathpeffer and Dingwall, where he sexually assaulted her.
He subsequently left her in Dingwall amid sub-zero temperatures. The judge described the ordeal as terrifying for the teenager.
Brown, from Croy near Inverness, denied rape and claimed the sexual encounter was consensual, but a jury found him guilty after a three-day trial.
Statements from Advocacy Groups and Police
Rape and Sexual Abuse Service Highland and Rape Crisis Scotland stated that the committee's decision sent a "harmful message" about women's safety.
Police Scotland objected to the continuation of Brown's operator's licence.
Committee Deliberations and Councillors' Perspectives
The council licensing committee, which conducted discussions in private, had the options to take no action, suspend, or revoke the licence.
John Grafton and Highland Alliance councillor Duncan Macpherson told BBC Scotland News that their votes were based on information presented during the meeting.
Macpherson said officials assured him that Brown would never be permitted to drive a taxi again.
"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. I would never knowingly play any part in compromising the safety of women and girls and I sincerely do not believe that I have done so in this case. My concern that the safety of women and girls even appears to have been compromised is too much for my conscience to bear, and this is why I am resigning."
Macpherson added that the case was discussed in private to protect the identities of victims.
On Friday, John Grafton told BBC Scotland News that, with hindsight and information unavailable at the time of the meeting, a different decision might have been made.
He stated that he had inquired about any legal implications regarding the licence and was reassured that Brown "presented no current threat."
Grafton further explained,
"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. We have been told in licensing several times that we are not here to punish – that is the job of the courts."
Next Steps by Highland Council
Highland Council announced that the decision would be referred to a future full council meeting for further consideration.
