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View Full Version : Windows threat charge found not proven



Nwicker60
10-Nov-11, 20:25
Family members claim they were 'alarmed' and 'distressed'
A FATHER and son claimed this week that they were targets of a vandalism vendetta.
They said their car has been damaged several times and the windows of their home in Cairndhuna Terrace, Wick, smashed.
The problem came to light during a trial at Wick Sheriff Court yesterday, when William Miller of Corner Crescent, Wick, was accused of threatening and abusive behaviour toward Gareth and Robert Le Grove.
The incident was alleged to have occurred when the father and son were standing outside their home, waiting for the police to arrive to investigate the latest damage caused to the Le Grove’s car.
Mr Le Grove, senior told the court that his car had been vandalised on 15 occasions in the three months prior to July 9, the date of the offence before the court.
Miller (26) drove up and went into his sister’s house, opposite. He reappeared shortly afterwards with the sister’s partner, Malcolm Macdonald (35) and chatted while the accused had a smoke.
Robert Le Grove said that he couldn’t hear what the two were saying until one point when Miller raised his voice and said: 'If the police turn up, we will see how quickly the house windows are put through'. The comment was made directly towards me and my son we were the only other people in the street. The remark was said loudly and clearly, for our benefit and we were alarmed and distressed."
Mr Le Grove added that his windows were smashed twice following that incident.
Cross-examined by solicitor Ian Jane, Mr Le Grove agreed that Miller was not responsible for ongoing difficulties his family were experiencing with some individuals and Sheriff Andrew Berry intervened to remind him the court was only concerned with the incident on July 9.
Son Gareth Le Grove (22) supported his father’s evidence but had a slightly different version of what was alleged to have been said by Miller. Mr Le Grove said: “Miller said if we phone the police our house windows would get put in”
Cross-examining, Mr Jane said: “Would it surprise you that your father tells it a different way.”
Mr Le Grove replied that his father would have given his own interpretation of the remark and had a better memory than him.
The witness added: “The impression I got was that Miller was aggressive and threatening and would put our windows out or someone connected to him would.”
Giving evidence, Miller denied having made the windows threat and Mr MacDonald confirmed this”.
They claimed that Mr Le Grove and his son were looking over at them and sniggering and laughing.
Sheriff Andrew Berry said he was unable to satisfy himself beyond reasonable doubt that what was said constituted behaviour in a threatening or abusive manner.
Finding the charge against Miller, not proven, the sheriff added: “I am satisfied you said something but on the evidence I can’t be clear as to what it was.”
Miller was found not guilty of making an offensive remark from a passing car in Wick town centre, to pedestrian Keith Banks, on June 10.
Sheriff Berry gave the formal verdict after senior fiscal depute, David Barclay indicated that he was no longer seeking a conviction.

Man who threatened police may get chance

THE sheriff indicated that he might consider giving Campbell Freeman a chance.
Freeman (47) admitted behaving in a threatening an abusive manner towards police on Thurso’s Victoria Walk, on Tuesday and several previous convictions.
He was said to have adopted an aggressive stance and challenged a constable to fight when officers approached him in connection with an unrelated matter.
Senior fiscal depute, Mr Barclay told the court that it was, perhaps, within judicial knowledge that Freeman tended to get into trouble when he took drink.
Mr Barclay added: “When sober he never comes to the attention of the police. His conduct seems to fit into that pattern.”
Solicitor Neil Wilson said that Freeman had been trying to get help for his drinking and had been trying to resist the temptation to take alcohol up until a week ago when he felt rundown and depressed and had taken drink. The accused remembered nothing of his latest behaviour towards the police.
Mr Wilson reiterated the tendency for Freeman to stay out of trouble when he is working and succumb to temptation when he is not, and commended the possibility of a level one community pay back order to the sheriff.
Sheriff Berry said he was prepared to consider that but would keep all options open ahead of a background report.
Freeman, of Ormlie Lodge, Thurso, will be sentenced tomorrow and will be subject to a 7pm-7am curfew, meantime.
The sheriff warned the accused about the custodial consequences of stepping out of line meantime and added: “I don’t want you getting drunk and kicking off when the police arrive to check you are at home.”

Found guilty of assault after trial

A MAN gave evidence against his sister accused of assault.
The sister, Irene MacPhee was found guilty and will be sentenced on December 5 after the sheriff sees background reports.
Her brother, George Williamson had come north from his home in the Inverurie area, and was visiting Macphee’s estranged husband Peter at his home in Kennedy Terrace, Wick.
The assault, on July 23, occurred after Mrs MacPhee came into the living room and told guests to “get out”.
Husband Mr Macphee told guests to stay where they were as it was his house and his wife was no longer living there.
Mr Wiliamson said that one of the guests, Cheryl Fleming, volunteered to leave and following an exchange of words with Mrs MacPhee, Miss Fleming was punched in the face by the accused.
Giving evidence, Mrs Macphee of Kinnaird Street, Wick, maintained she had not been in the house at the time but in the garden and accused her brother of lying.
Asked to give a reason as to why he should lie, Mrs MacPhee (54) replied: “My brother is a liar. He is a born liar...everyone in Wick knows that. He has been like that all his life.”