The islanders accused of illegally occupying Raven’s Ait Island were told by a judge at Kingston County Court last week  that they must leave the island.

They were initially given until this Monday to end their occupation of the island.  However, Kingston Council agreed that they had an obligation to re-house several women and children currently living on the island and will address this issue before asking bailiffs to clear the island.

The group, part of the Circle Community Project, launched an appeal to the high courts on Friday and Peter Phoenix, a spokesperson for the group, remains optimistic that a deal can be worked out so that they can remains as “caretakers” of the island.

“We will be taking our appeal to the courts first thing tomorrow which should give us at least another three weeks. Even if we’re chucked off then, at least we did some good. At least we got some good networking done and encouraged some good debate about our critical environmental situation.

We don’t want the council to spend thousands of pounds getting us evicted, we don’t want to mess about. But what we also don’t want is Raven’s Ait to be sold of to a private consortium to build a hotel. “

Mr Phoenix and his companions had hoped to obtain an adjournment for up to six weeks on the grounds that they did were not given enough time to gain proper legal representation, having been given just four days notice, when the law requires five, however Judge Williams, at Kingston County Court, waived this right on the basis that the islanders had no suitable defence to develop.

Judge Williams told Mr Phoenix: “I am not a judge of moral issue, I’m here to administer the law. I would advise that you proceed with your investigations, but I am not satisfied today that you have any defence for occupying the  island.”

Milan Sos, a traveller who recently moved onto the island, said: “We expected this, nothing has changed. If anything we have won because now it’s in the hands of the law. It’s their responsibility. If they evict us then the island becomes derelict again, there will be outrage.”

The islanders had claimed that the land belonged to the people of Kingston, citing the Treaty of Lambeth – also known as the Treaty of Kingston – signed on Raven’s Ait Island in 1217. However, prosecuting barrister, Ms Shelley White, presented evidence that Kingston Council had purchased a freeholders lease for the island over a year ago making it legally theirs.