Anger as graffiti 'artist' who caused £12,000 worth of damage has jail term quashed
A GRAFFITI artist hit with the toughest jail term ever imposed by a Scottish court for vandalism had his sentence quashed yesterday.
Gary Shields, 21, who targeted railway property with his spraypainting, was given a 28-month prison term earlie
r this year.
But yesterday the Justiciary Appeal Court decided he should instead perform community service and pay compensation.
As he left the court in Edinburgh, Shields, of Glasgow, said he was "quite happy" with the result. He added: "I thought the (jail] sentence was a bit harsh."
However, campaigners last night warned offenders had to be held accountable for their illegal artwork.
At Ayr Sheriff Court in March, Shields admitted maliciously painting trains, freight wagons, bridges and other railway property between July 2004 and November 2006, causing £12,000 of damage.
His "art" appeared in Shawlands, Yoker and Langside in Glasgow; Elderslie in Renfrewshire; Helensburgh in Dunbartonshire; and Prestwick, Ayrshire. Sheriff Colin Miller said a jail term had to be imposed, and a warning sent to others.
He said: "(The jail sentence] is designed to indicate to the public that such pollution of the environment is taken seriously by the courts and will be met with appropriate sentences."
Internet petitions and websites sprang up encouraging the authorities to "Free Daze" – his graffiti signature or "tag".
Shields served two months behind bars, before being freed to await the result of his appeal.
His counsel, Moira MacKenzie, told the appeal court she believed the sheriff had overstated the gravity of the offence.
She said: "He has erred in concluding that the offences are of such seriousness that they can only be dealt with by a custodial sentence."
She said Shields now had a job with a design company, was hoping to go to university and was prepared to meet the full bill for the damage he had caused.
Lord Wheatley, sitting with Gordon Nicholson, QC, was persuaded that a custodial sentence could be deemed excessive, and that there was an alternative.
They said they had in mind a community service disposal and "some measure of compensation" to the companies which had suffered financial loss.
The details will be announced at a later hearing.
However, green campaigners – and Network Rail – expressed anger at the decision.
Donna Niven, programme manager for Keep Scotland Beautiful, said those responsible should be held accountable.
She said: "This is illegal vandalism and costs the landowner, and often the taxpayer, many thousands of pounds to clear each year. Those causing this damage really do have to take responsibility for their actions."
A Network Rail spokesman said: "Graffiti is a crime which costs the railway hundreds of thousands of pounds to clear up in Scotland. In the vast majority of cases, it has absolutely no artistic merit and is simply an act of destructive vandalism."
He said removing graffiti cost the firm £250,000 each year.
FACT BOX• GRAFFITI costs hundreds of thousands of pounds to clear from stations alone each year.
• Last year Glasgow City Council appointed wardens to impose £50 fines in a crackdown on graffiti, which costs the city £16m a year.
• Police are to photograph and catalogue the personalised signatures used by culprits in an effort to track them down.
• Special legal areas for graffiti "artists" have been created in some areas to deflect them away from public property.
• Network Rail estimates it takes 30 minutes to remove a square metre of "art" from concrete, but far longer from porous surfaces.
• The internet contains several websites dedicated to graffiti.
• Examples of graffiti have been found dating from Roman and Greek times.
• In the UK, a graffiti "artist" known as Banksy is famous for his guerrilla creations which can add value to property. However, he keeps his identity secret to avoid arrest.
