Driver almost five times limit
Driver almost five times limit
A motorist who admitted a dangerous driving charge was almost five times the legal alcohol limit, Jedburgh Sheriff Court was told.
James Cooper, 35, pleaded guilty to committing the offences in Jedburgh on May 8 and was banned from the road for three years and fined a total of £800.
Procurator fiscal Graham Fraser said the accused’s Audi first came to attention when it was parked outside the Jed-Forest rugby ground on the A68 at about 8.30pm, causing a slight obstruction.
He explained: “It was not in a very safe position, and one passing motorist saw the accused was wearing a Celtic football top and was slumped back in the driver’s seat.
“After the first vehicle passed, the accused started up the car and drove off very close to the centre lane, heading into Jedburgh.
“Around the same time, a motorcyclist and pillion passenger were heading northwards out of Jedburgh and were confronted with the Audi car on the wrong side of the road.
“The motorcyclist had to take evasive action and go on the kerb to avoid a collision.
“The car then swerved back onto the southbound carriageway, where it should have been.
“The motorcyclist was so concerned that he turned round to follow the car, which came to a halt at the temporary traffic lights in the Bongate.
“The motorcyclist parked in front of the Audi and got off his bike to speak to him and said ‘do you realise you just missed us?’
“At this point, the accused tried to drive off and struck the motorcycle in front of him.
“The pillion passenger was knocked from the seat, and the motorcycle fell to the ground onto the road. The motorcyclist managed to remove the keys from the Audi and stop him moving away.”
The police were called, and Cooper, of Whitton Farm Cottages, Morebattle, was found to have a breath-alcohol count of 103 microgrammes, the legal limit being 22.
The female pillion passenger was later treated in hospital for whiplash injuries.
Defence lawyer Ross Dow said: “His remorse was genuine, and he has spoken of feeling ashamed.
“He was not thinking straight at the time.
“He is going to have to change address so he can be nearer his employment because of this.”
In addition to a three-year disqualification and two fines of £400, one for each of the two charges, Cooper must sit an extended driving test if he wants to regain his licence.
Trial date set
A Hawick couple have been accused of producing cannabis at their Burnfoot home.
Gerald Donaldson, 46, and his wife Nicola, 44, deny the offence, said to have happened at their home in Borthwick Road on March 18.
Gerald Donaldson also pleaded not guilty to a charge of being concerned in the supply of cannabis.
A trial date was set for November 15, with an intermediate hearing at Jedburgh Sheriff Court on October 17.
Case deserted
The case against Mantescu Florin, 35, of Earl Street, Hawick, accused of drink driving and failing to give a preliminary breath test in Linden Terrace, Hawick, on January 16, has been deserted by the crown at Jedburgh Sheriff Court.
Drugs charges
Rebecka McEwan, 23, of Station Drive, Duns, denies being in possession of heroin, cannabis and cannabis resin.
The offences are alleged to have been committed at a house in Inchmyre, Kelso, on June 2.
A trial date has been set for November 15 at Jedburgh Sheriff Court, with an intermediate hearing on November 17.
Personal appearance
A Hawick teenager has been ordered to appear personally to answer an assault charge at Jedburgh Sheriff Court.
Liam Sharkey, 19, of Howdenbank, is accused of striking a male on the head with his head to his injury in North Bridge Street, Hawick, on February 6.
He is also charged with threatening or abusive behaviour in Croft Road, Hawick.
The case will recall on September 28.
Cannabis charges
A Hawick man has been accused of six drugs offences at Jedburgh Sheriff Court.
Mark Turnbull, 29, is charged with producing cannabis at his Cheviot Road home on September 2 last year.
He also denies being concerned in the supply of cannabis.
Turnbull also pleaded not guilty to possession of diazepam, nitrazepam, tetrahydrocannibinol and cannabinol.
A trial date was set for November 15, with an intermediate hearing on October 17.
Home assault
David Adamson will stand trial on charges of brandishing a hammer and assaulting a male at his home in Gladstone Street, Hawick, on April 30.
The 28-year-old pleaded not guilty and will stand trial at Jedburgh Sheriff Court on October 6.
Benefit claim
A Greenlaw woman has been accused of receiving £5,828 in benefits to which she was not entitled.
Caroline Bell, 28, of Eccles Tofts, is charged with failing to notify a change in circumstances regarding her partner’s increased earnings and receiving housing and council tax benefit.
The offence is said to have been committed between February 2013 and July 2014.
She has pleaded not guilty to the charge.
A trial date was fixed for November 3 at Jedburgh Sheriff Court, with an intermediate hearing on October 3.
Over the limit
A Jedburgh motorist has been banned from the road for 12 months and fined £350 after admitting a drink-driving charge at the town’s sheriff court.
Factory worker David Chapman, 20, parked his car in the town’s High Street, on the evening of Saturday, August 6, but it caused an obstruction, and police were called.
When officers arrived at his Sharplaw Road home, they detected alcohol had been taken, and he was found to be more than double the legal limit.
Chapman pleaded guilty to driving with a breath-alcohol count of 53 microgrammes, the legal limit being 22.
Defence lawyer Fiona Hamilton said: “He has a clean licence and no previous convictions. He had been out drinking earlier that day but had stopped drinking in view of driving later.
“It was a mistake which he will suffer the consequences of, but it does seems a genuine error by him.”
Sheriff Peter Paterson said Chapman was a candidate for a drink-driving awareness course, which would result in a 25 per cent reduction in the length of the ban if he completes it at his own expense.
Pool cue attack
A cruise liner worker who admitted a pool cue attack in a Peebles bar will be sentenced later this month.
Callum MacMichael, 31, of Govans Way, Cardrona, pleaded guilty at Jedburgh Sheriff Court to striking a man on the head with a pool cue to his severe injury and permanent disfigurement.
The victim was left with a deep cut above his upper lip.
The incident happened in the Central bar in Peebles on August 29 last year.
Sheriff Peter Paterson deferred sentence until September 29 for background reports.
Theft denied
A Duns woman will stand trial next month at Jedburgh Sheriff Court on a theft charge.
Amanda Flynn, 45, of Station Drive, denies stealing furniture, fittings, electrical items, garden equipment and a bicycle from a house in Duns between April 2014 and December 2015.
A trial date has been fixed for October 6.
Cannabis production
A 31-year-old woman has been accused of producing cannabis at her Lilliesleaf home.
Holly Speed of Main Street, also denies being in possession of the class B drug.
The intermediate diet hearing at Jedburgh Sheriff Court was continued until September 20.
Jailed for messages
A Galashiels man has been jailed for 170 days at Jedburgh Sheriff Court for sending abusive and threatening messages on social media to his former partner and her friends.
Jamie West pleaded guilty to nine charges of sending the messages in June and July from his Beech Avenue home on social media because he was upset at the breakdown of his three-and-a-half-year relationship.
West, 31, also admitted throwing paint over a car parked in Tweed Terrace, Galashiels, on July 14.
Procurator fiscal Graham Fraser said the messages contained threats against his ex-partner and her friends which were very concerning.
Defence lawyer Ross Dow said West now accepted that his relationship with Rebecca Glass is over.
Sheriff Peter Paterson described the content of the messages as “appalling and “shocking” and said there was no alternative to a custodial sentence.
He said: “The court has to reflect society’s abhorrence at this sort of communication.”
The jail sentence was back-dated to August 4 when West was first remanded in custody.
A non-harassment order was also granted, preventing West from contacting Ms Glass for the next two years and to stay out of a street in Kelso.
Pensioner banned
A 73-year-old man has been banned from the road for 14 months at Jedburgh Sheriff Court after being involved in an accident while almost four times the legal alcohol limit.
Thomas O’Neill pleaded guilty to the offence, committed on the A698 Kelso-to-Coldstream road near his Birgham home on August 17.
He had a breath-alcohol reading of 83 microgrammes, the legal limit being 22.
Procurator fiscal Graham Fraser said the accused’s vehicle had been involved in an accident and collided with a dyke at 9am and he was found to be just under four times the alcohol limit.
He added: “He was clearly unsteady on his feet.”
O’Neill said he had been drinking the night before but thought he was OK to drive.
In addition to the 14-month disqualification, Sheriff Peter Paterson imposed a £300 fine.
Stole from shop
Graeme Stewart, 34, pleaded guilty to stealing alcohol and foodstuffs from the Spar shop in Marigold Bank in Galashiels on April 30.
Background reports have been ordered on Stewart, who gave an Edinburgh address, and the case was transferred to the city’s sheriff court on September 29, when he has other matters calling.
Crockery fine
Edward Berry, 63, was fined £200 after admitting a charge of threatening or abusive behaviour by throwing crockery on the floor, shouting at his wife and struggling with her at a house in Home Place, Coldstream, on August 14.
Not guilty
A 24-year-old woman accused of a knife attack which caused severe injury has walked free after a two-day trial at Selkirk Sheriff Court.
Zoe Owen had denied attempting to strike Kendra Morris on the neck with a kitchen knife and then striking her on the hand with the knife, causing a two-inch cut on her palm.
It followed an incident on April 19 at Owen’s former home in Eastgate, Peebles, which the alleged victim visited, claiming she was owed money.
But during her evidence Owen – now living at Restalrig Road in Edinburgh – said she only picked up the knife in an attempt to try to get Morris to leave her flat. She said the injury only happened when Morris grabbed hold of the knife during a struggle.
Sheriff Peter Paterson returned a verdict of not guilty.
Unpaid work
A Galashiels man has been ordered to carry out 200 hours of unpaid work after being convicted of assaulting a person with intent to rob.
John Grierson, 29, of Kenilworth Avenue, was also put on supervision for two years at Edinburgh Sheriff Court.
It follows an offence in Galashiels in January last year.
Power thief admonished
Danielle Lazzari, 25, pleaded guilty to stealing £788 worth of electricity from her then home in Chay Blyth Place, Hawick, on June 30 last year.
Cannabis and a class C drug were also found in a search of the property.
Sentence had previously been deferred at Jedburgh Sheriff Court for nine months for good behaviour and to allow Lazzari to continue repaying the money back to the electricity supplier.
Vouching was to be produced showing that she was paying the money back to the electricity supplier, but defence lawyer Ross Dow said he had received no response when trying to get that confirmation.
Sheriff Peter Paterson said the company had only itself to blame and admonished Lazzari after being told she had turned round her life, adding that the firm did not deserve to be compensated.
Sentence deferred
Sentence has been deferred on a 23-year-old man for two months to allow him to recover from breaking both legs in a car accident and appear personally at Selkirk Sheriff Court.
Ryan Brodie, of Corton House, Ayr, admitted acting in a racially aggravated manner at Reivers Sports Bar, in High Street, Galashiels, on September 8.
He also admitted assaulting a woman there.
A few hours later, Brodie admitted spitting at a female in Market Square, Galashiels, and acting in a racially-aggravated manner intending to cause alarm to another woman.
Brodie also pleaded guilty to a further complaint of assaulting an employee to his injury at Reivers Bar on September 13.
The case was deferred until October 24 for a personal appearance.
Tackled teens
A 33-year-old Stow man took the law into his own hands when he confronted a group of teenage vandals damaging cars at his business premises in the Buckholm area of Galashiels.
Alexander Pringle, of Lugate, pleaded guilty at Selkirk Sheriff Court to a charge of behaving in a threatening or abusive manner on November 11 by shouting and swearing, struggling with others and uttering threats of violence.
Procurator fiscal Graham Fraser said the group had vandalised a number of vehicles and were then confronted by Pringle, who swore at them and made threats before going through the backpack of one of the teenagers.
He said: “Not surprisingly, the young men were concerned as it was a wholly inapprpriate way to respond.”
But Mr Fraser added: “It is accepted that their behaviour leading up to it was not acceptable either.”
Defence lawyer Ross Dow said the youngsters were helping themselves to items from vehicles in the yard and his client had caught them red-handed.
He accepted his client had overreacted and taken the law into his own hands and should have called the police.
But Mr Dow said that considering all the circumstances an admonition might be appropriate in this case.
Sheriff Peter Paterson accepted there had been a high level of provocation and deferred sentence for six months for good behaviour.
The case will recall on February 13.
Case deserted
A Galashiels woman accused of falsely claiming more than £6,000 in benefits she was not entitled to has had the case against her deserted.
Kataryzna Zyg, 38, of Woodstock Avenue, had pleaded not guilty to obtaining £6,167.66 housing benefit and £255.02 in council tax benefit between February 2012 and November 2014.
It was alleged she failed to declare an increase in earnings.
Procurator fiscal Graham Fraser said he was deserting the case against Zyg, but reserved the right to re-raise proceedings if the £250 monthly repayments did not continue.
Remanded in custody
A 28-year-old Galashiels man has been remanded in custody at Jedburgh Sheriff Court after being accused of motoring offences.
Stuart McCutcheon is charged with dangerous driving, driving while disqualified and with no insurance.
He was fully committed for trial following a brief private court hearing.
Sentence deferred
A 23-year-old man who ran amok in Innerleithen with a knife has been will be sentenced next month.
Dean O’Donnell pleaded guilty on indictment to chasing members of the public with a knife and uttering threats of violence in Waverley Road, Innerleithen, on October 1 last year.
He also admitted repeatedly lunging at two men with the knife and attempting to strike them as well as assaulting a woman by pushing her to the ground to her injury.
O’Donnell of McNeil Terrace, Loanhead, also pleaded guilty to possession of a knife.
Not guilty pleas to four other charges were accepted by the Crown.
O’Donnell is currently remanded in custody in relation to another matter which is due to call at Edinburgh Sheriff Court on September 7.
Sheriff Peter Paterson deferred sentence on the Innerleithen case until the outcome of the matter is resolved.
The case will next call at Selkirk Sheriff Court on September 8.
£100 text
Sending a text message to a woman he was banned from contacting resulted in a £100 fine for a Galashiels barman.
Frederick Jenkins, 46, of Laidlaw Court, pleaded guilty to breaching his bail conditions by sending a text message to the woman on August 27.
Trial date set
A 27-year-old man is due to stand trial at Selkirk Sheriff Court next month, accused of a number of offences.
Michael Wheatson is accused of behaving in a threatening or abusive manner in Morrisons store in Mart Street, Hawick, on May 14.
He is also charged with assaulting two store employees.
Wheatson denies threatening a woman with violence on May 24 in a telephone call to Catford Investments in North Bridge Street, Hawick.
Two days later he is alleged to have threatened violence to staff members at the Scottish Borders Council offices in Paton Street, Galashiels, and threatening a police constable.
Wheatson, previously of Jedburgh and Galashiels but gave an address in Kirkintilloch near Glasgow, has pleaded not guilty to all seven charges.
A trial date has been fixed for September 27.
Appeared from custody
A Galashiels teenager appeared from custody at Jedburgh Sheriff Court accused of committing two offences at the weekend.
Lace Farrell, 18, of Torwoodlee Road, is charged with threatening or abusive behaviour, shouting and swearing and repeatedly demanding money from her partner on Friday.
She is also accused of wilfully and recklessly damaging property by striking a car.
Farrell pleaded not guilty to both charges and a trial date was set for Selkirk Sheriff Court on November 24 with an intermediate hearing on October 24.
Sheriff Peter Paterson released her on bail with the special conditions not to contact her partner or enter Glendinning Terrace in Galashiels.