Nwicker60
09-Jul-12, 07:04
“I was hit with a branch” claims fishery manager
A SHERIFF heard how trouble flared on track in a Caithness wood after a landowner confronted three members of a fishing hotel staff on what he claimed was his property.
One of the trio engaged in clearing a wind-blown tree, elderly fishery manager Christopher Brocklebank-Fowler, was alleged to have been struck with a branch wielded by James Sutherland who is also accused of assaulting his two other companions.
Although the case centred on the incidents, a right-of-way issue surfaced and it was claimed that the tree was being disposed of because it was blocking the path from the Forss House Hotel to Mr Brocklebank-Fowler’s rented cottage home.
Sutherland (52) of Borrowston Mains, Forss, denies assaulting 78-year-old Mr Brocklebank-Fowler, wood-cutter Anthony Carberry and handyman Philip Adshead who are both aged 35.
Mr Brocklebank-Fowler told Wick Sheriff Court said that they were acting on a request from Highland Council to remove the lower section of a conifer, from the track, on April 12 and had nearly finished the task when Sutherland appeared in “an agitated state”.
Mr Brocklebank-Fowler went on: “He wanted to know what we were doing and we told him that we were there at the request of Highland Council to remove any obstacles placed there by default, from what had been a public right of way for many years. Sutherland picked up a branch which he proceeded to hit me with. I was struck three times – on the arm and the leg.”
The witness said he protested about the assault and then Sutherland threw the branch to the ground and grabbed Mr Carvery by his clothing and shook him.
Cross-examined by Graham Mann for Sutherland, Mr Brocklebank-Fowler conceded that they were on the accused land. There was a wall dividing Sutherland’s land from hotel ground. Mr Brocklebank-Fowler said he not sought permission, from Sutherland to remove the fallen tree because, so far as he was concerned, he didn’t need it. The track had been used by the public for many years.
Mr Mann: “If Mr Sutherland gives evidence that your version of events is complete and utter nonsense and if he says at no time did he pick up a piece of wood and hit you, he would be telling lie.”
Mr Brocklebank-Fowler: “He would be telling lies and falsehoods.”
Tree-cutter, Anthony Carberry (61) was using a chain-saw to trim the remaining section of the tree, 10ft to 12ft in length and a foot in diameter, when Sutherland appeared.
Mr Carberry, who confirmed his nickname as T.C. said that he first heard Sutherland shouting- “Get off my land...get off my land.” Mr Carberry said: “He had a stick in his hand and stuck Mr Brocklebank-Fowler several times with it. Then he dropped the stick and ran to me, demanding I give him the chain-saw which he then got hold of. I managed to pull it away from him.”
Sutherland left the scene and returned with two policemen who engaged in a discussion with Mr Brocklebank-Fowler and accused.
Mr Carberry said: “There seemed to be some dispute about the ownership of the tree and whose land it was on.”
Mr Mann suggested that the “real issue” was the track and went on: “The accused does not agree with Mr Brocklebank-Fowler’s use of it to travel between his cottage and the hotel.”
Mr Carberry: “Yes”.
Mr Mann: “There was a tree put there by the accused to block that passage”.
Mr Carberry: “Yes” but went on to deny the prosecution evidence was “a complete fabrication”.
The third and final Crown witness was the hotel’s handyman, Phillip Adshead (35).
He supported the evidence of assaults on Mr Brocklebank-Fowler and said that he (Adshead) had been manhandled to the ground by Sutherland.
Replying to Mr Mann who suggested to Mr Carberry that he and his companions had found themselves in trouble when they were discovered on Sutherland’s land, said: “No, we believed we had a right to be there. The council wanted the track reopened.”
The prosecution closed its case and the trial will resume August 17 with evidence from the defence.
A SHERIFF heard how trouble flared on track in a Caithness wood after a landowner confronted three members of a fishing hotel staff on what he claimed was his property.
One of the trio engaged in clearing a wind-blown tree, elderly fishery manager Christopher Brocklebank-Fowler, was alleged to have been struck with a branch wielded by James Sutherland who is also accused of assaulting his two other companions.
Although the case centred on the incidents, a right-of-way issue surfaced and it was claimed that the tree was being disposed of because it was blocking the path from the Forss House Hotel to Mr Brocklebank-Fowler’s rented cottage home.
Sutherland (52) of Borrowston Mains, Forss, denies assaulting 78-year-old Mr Brocklebank-Fowler, wood-cutter Anthony Carberry and handyman Philip Adshead who are both aged 35.
Mr Brocklebank-Fowler told Wick Sheriff Court said that they were acting on a request from Highland Council to remove the lower section of a conifer, from the track, on April 12 and had nearly finished the task when Sutherland appeared in “an agitated state”.
Mr Brocklebank-Fowler went on: “He wanted to know what we were doing and we told him that we were there at the request of Highland Council to remove any obstacles placed there by default, from what had been a public right of way for many years. Sutherland picked up a branch which he proceeded to hit me with. I was struck three times – on the arm and the leg.”
The witness said he protested about the assault and then Sutherland threw the branch to the ground and grabbed Mr Carvery by his clothing and shook him.
Cross-examined by Graham Mann for Sutherland, Mr Brocklebank-Fowler conceded that they were on the accused land. There was a wall dividing Sutherland’s land from hotel ground. Mr Brocklebank-Fowler said he not sought permission, from Sutherland to remove the fallen tree because, so far as he was concerned, he didn’t need it. The track had been used by the public for many years.
Mr Mann: “If Mr Sutherland gives evidence that your version of events is complete and utter nonsense and if he says at no time did he pick up a piece of wood and hit you, he would be telling lie.”
Mr Brocklebank-Fowler: “He would be telling lies and falsehoods.”
Tree-cutter, Anthony Carberry (61) was using a chain-saw to trim the remaining section of the tree, 10ft to 12ft in length and a foot in diameter, when Sutherland appeared.
Mr Carberry, who confirmed his nickname as T.C. said that he first heard Sutherland shouting- “Get off my land...get off my land.” Mr Carberry said: “He had a stick in his hand and stuck Mr Brocklebank-Fowler several times with it. Then he dropped the stick and ran to me, demanding I give him the chain-saw which he then got hold of. I managed to pull it away from him.”
Sutherland left the scene and returned with two policemen who engaged in a discussion with Mr Brocklebank-Fowler and accused.
Mr Carberry said: “There seemed to be some dispute about the ownership of the tree and whose land it was on.”
Mr Mann suggested that the “real issue” was the track and went on: “The accused does not agree with Mr Brocklebank-Fowler’s use of it to travel between his cottage and the hotel.”
Mr Carberry: “Yes”.
Mr Mann: “There was a tree put there by the accused to block that passage”.
Mr Carberry: “Yes” but went on to deny the prosecution evidence was “a complete fabrication”.
The third and final Crown witness was the hotel’s handyman, Phillip Adshead (35).
He supported the evidence of assaults on Mr Brocklebank-Fowler and said that he (Adshead) had been manhandled to the ground by Sutherland.
Replying to Mr Mann who suggested to Mr Carberry that he and his companions had found themselves in trouble when they were discovered on Sutherland’s land, said: “No, we believed we had a right to be there. The council wanted the track reopened.”
The prosecution closed its case and the trial will resume August 17 with evidence from the defence.