PENSIONER Brian Rapley suffers so badly with arthritis that he can hardly walk.

And yet the 79-year-old, who is known as Basil, has been prosecuted for driving his mobility scooter at night.

The arthritic Army veteran was arrested on September 25, 2006, when police officers found him driving his electric mobility scooter along the middle of Manchester Road at 11pm with no lights on.

Mr Rapley, a former Army nurse, appeared before Swindon magistrates.

"I think it is amazing with all the crime these days that they are taking me to court," he told the Adver.

He said he did not think he was a danger to the public.

In fact, he said, he was subjected to regular attacks of vandalism and thefts at his Covingham home but no one had ever been prosecuted.

"I have had so much crime round here," he said.

"My windows are always getting smashed and they're always breaking in."

The pensioner, who has had a hip replacement, was arrested last Tuesday evening because he had failed to appear at a previous court hearing.

"Because of all the trouble I've had, Age Concern came round and told me not to open the door to anyone and to keep the chain on," he said.

"When the police came to the door I put the chain on and didn't want to let them in because you don't know who these people are. I've got nothing to hide.

"Eventually the policeman showed me his ID.

"He was one of those big burly policemen and said if you don't let me in I'm going to smash these windows'. In the end I let him in.

"This has been going on so long it seems ridiculous.

"But they said to me this is classed as a vehicle.

"There are terrible things happening in the world these days, but I'm pulled up before the court for something like this.

"My legs are all bandaged and swollen. I can't walk anywhere without two sticks.

"I have to take a sleeping pill at night because the pain is so bad. I'm only supposed to take one, but I have to take two to get any sleep.

"In my garden shed I've got four of these electric wheelchairs all smashed up because they've broken in and damaged them.

"That's why I have had to put up a high fence and railings."

The court case

BRIAN Rapley was banned from driving after police caught him travelling down Manchester Road on his mobility scooter at night with no lights on.

Rapley, 79, appeared in Swindon Magistrates' Court, having been arrested for not showing up at his hearing on July 3.

He received a three-year driving ban in June last year for drink-driving.

But that did not legally stop him from using an electric mobility scooter to get around town, unless it was during the hours of darkness, the court heard.

Rapley, of Ambrose Court, pleaded not guilty but magistrates at a hearing earlier this month found him guilty in his absence.

During last Wednesday's hearing, Rapley tried to justify his actions.

After admitting to the latest charge of failing to surrender to court, he said: "I'm riddled with arthritis and can't walk. I've got plastic orthopaedic hips."

Nicola Wootton, prosecuting, said: "At the time of night the carriage was almost invisible to the police officers."

She added: "The officers pointed out he had no lights on and his explanation was that if he did put the lights on then the battery would be worn down."

Philip Hall, defending, said Rapley had put himself at more danger than any other motorist.

He said that in the event of a collision, a car travelling at 30mph, compared with the scooter's top speed of 8mph, would "come out better".

Chairman of the bench David Poots gave Rapley a 12-month conditional discharge and a further 12-month driving ban, which runs alongside existing one.

He told Rapley to take the advice of his solicitor and stay off the roads in the dark, and warned the scooter could be confiscated should he commit further offences.