Sir – I was somewhat bemused by the headline in last week’s issue. The letter from Colin Souter to shareholders at Upper Coll Common Grazings is certainly no ‘gamechanger’.
Firstly, it should be made clear that many consider Mr Souter’s appointment as a grazings constable to be illegal. Donald Rennie explained clearly and in detail why in a letter published by you some weeks ago. 
It subsequently transpired that Crofting Commissioners acted contrary to a report produced to their board which made it clear that grazings constables could not be legally appointed where a grazings committee is removed from office. 
Also, even if Colin Souter had been appointed legally as a grazings constable, that role is not in law an investigative one but one that simply takes on the duties of day to day grazings management.
It appears that the Crofting Commission are on a fishing expedition. They removed from office the former committee at Upper Coll purely because they had produced five years of financial statements prepared by an accountant rather than 'audited' accounts. 
This was met by overwhelming incredulity on the part of onlookers. Now the commission is seeking to justify these actions on other grounds. It has sent in a former police inspector to find anything that does so. 
Colin Souter has compiled a list of no significance. Some of it is petty in the extreme, such as highlighting one typographical error on the part of accountants. 
He decries the spending of £520 on house site design work to allow families in the township to remain there. Such costs would be more than recouped when house sites were sold. He does not understand that. No shareholder objected to this.
Most of Colin Souter’s accusations relate to activities from 2008/09. There have been a further three committees elected since then. 
Even if what the grazings committee of 2008/09 did was wrong (and there is no evidence to suggest that it was) it does not justify the Crofting Commission removing from office a committee only elected in 2015.
Mr Souter claims there is nothing in the Crofters (Scotland) Act 1993 that permits shareholders funds to be used to pay solicitors. What nonsense. Access to legal representation is a fundamental human right. Try the Magna Carta for starters!
The situation at Upper Coll has become farcical. I will be expressing my concerns to Fergus Ewing MSP, as cabinet secretary responsible for crofting, about this illegal ‘constable’ being allowed to wreak havoc by the Crofting Commission. 
Mr Ewing has already had to rein in convener Colin Kennedy. Now it is time for him to rein in another Colin.


Brian Inkster
Solicitor,
142 St Vincent Street,
Glasgow.