A man has been jailed for 13 months at Jedburgh Sheriff Court after he admitted threatening to kill a former partner.

Shaun Grieve, 28, pleaded guilty to seizing the mother of his three children at a house in Galalaw Road, Hawick, on February 26 by the arm, pulling her to the floor and then repeatedly punching her head, leaving her with a broken nose and bleeding mouth.

The next day, he admitted behaving in a threatening or abusive manner by shouting and swearing, threatening violence to others and threatening to kill the woman.

Grieve pleaded guilty to a third charge of sending messages to a named man on various occasions and uttering threats of violence towards him between February 27 and March 1, as well as accusing him of sleeping with his former partner.

He also admitted breaching a court order by entering Scotland over the festive period after being bailed to an address in Blackburn, Lancashire, but later being spotted at his mother’s house in Hawick.

Procurator fiscal Graham Fraser said Grieve had been in a relationship with the woman for nine years and they had three children together.

He explained she had got the children off to bed when Grieve arrived at the house at about 10pm intoxicated.

Grieve pulled her from the bed and onto the floor.

Mr Fraser said: “The children heard what was going on. They may not have seen the violence, but they were aware abusive behaviour was going on.

“Her nose was broken after he punched her in the face, but she does not appear to have attended hospital.

“The accused sent a Facebook message to a friend or relative accepting his guilt and pleaded guilty at the first diet.

“The second offence happened the following morning. He turned up at her front door and starting banging on doors threatening to kill her and cut off her breasts.

“He was told police would be contacted and he left.”

Mr Fraser explained that on various occasions Grieve sent messages to a man he thought was in a relationship with his former partner.

Among those messages were ‘I did not know you slept with her’, ‘if I see you, you will be going to hospital’, ‘if I go to jail, you will be going in a box’, ‘I have lost my family’ and ‘I will stab the life out of you’.

Grieve had pleaded guilty on December 21 and was released on bail on condition that he did not enter Scotland, but he was remanded in custody on December 28 for breaching the condition.

Defence lawyer Mat Patrick admitted the assault was a “disgraceful incident” but added that the couple’s relationship, described as unhealthy, is now over.

Grieve came back to Scotland because he was concerned about the content of a text message he had received from his former partner, said Mr Patrick.

Sheriff Peter Paterson said there could be no alternative to a jail sentence in this case.

He jailed Grieve for a total of 274 days for the incidents involving his former partner and also the threatening messages to a man, adding another 120 days for the breach of bail.

That 394-day prison sentence was backdated to December 28’s remand in custody.

A two-year non-harassment order banning Grieve from all contact with his former partner was also granted.

A man has admitted engaging in a course of conduct likely to cause his former partner fear and alarm.

Paul Gallagher, 32, pleaded guilty to repeatedly contacting her when he knew she didn’t want him to and waiting outside her Galashiels home to observe her movements, as well as entering her house without permission.

That offence happened on several occasions between April 1 and May 14 last year.

Procurator fiscal Graham Fraser told Selkirk Sheriff Court the accused had stayed with the woman but they had split up in April.

He added: “He did not take it well and accused her of cheating on him.”

Mr Fraser said Gallagher, of Scott Street, Galashiels, accused her of having an affair with one of her neighbours and she had to block him on social media.

After her vacuum cleaner was left outside her address, the woman contacted the police as he had been outside her house on a number of occasions and she was alarmed by his behaviour.

The court heard that although Gallagher made threats to harm himself, there were no threats towards the woman.

Defence lawyer Mat Patrick said that although Gallagher had been charged under laws generally applied to stalking, his behaviour was more akin to harassment.

Sheriff Peter Paterson imposed a 15-month community payback order with supervision.

A man faces trial at Selkirk Sheriff Court for nine alleged offences.

Slawomir Korlaga, 37, appeared from custody and pleaded not guilty to all nine charges.

It is alleged that he stole a set of car keys from his home in Langlee Drive, Galashiels, on Saturday, January 13.

He is then said to have driven while disqualified and uninsured on the A6105 Greenlaw-to-Duns road.

Korlaga is charged with threatening or abusive behaviour in Greenlaw and at Hawick police station and struggling violently with three officers.

He is also accused of failing to give the identity of a car driver when requested to do so, failing to co-operate with a preliminary breath test and then failing to give two specimens of breath.

A trial date has been set for March 29, with an intermediate hearing on February 26.

NHS Borders has paid out more than £4.28m in clinical claims over the past five years – with the “vast majority” of it being a single high payment.

The figure comes from an annual report by NHS National Service Scotland into its Clinical Negligence and Other Risks Indemnity Scheme (CNORIS) – which manages litigation on behalf of NHS Scotland.

The NHS Borders payout is a fraction of others in Scotland, with NHS Greater Glasgow and Clyde topping the list at £53,511,137 over the five years from 2012-13 to 2016-17.

However, when you look at the cost of payouts per episode of care – which levels the ground between differently-sized NHS boards – that one high-value claim brings NHS Borders to third in the list of Scottish health boards – at £30.50.

The figures also show a large increase in payments from 2012-13 (£44,697) to 2016-17 (375,419.38) – with a total of £4,288,841.79 over the five years.

The year with the highest payout was 2014/15, when NHS Scotland was reimbursed by NHS Borders to the tune of £2,973,464.25.

And the rise over the years is also shown nationally as the total amount paid out each year has risen four-fold in the past decade. In 2006-07, the cost of medical mistakes was £9.4m, compared to £38.3m in 2016-17.

A spokesperson for NHS Borders said that the payments over the past five years also include historical claims from as far back as 1991 – as well as solicitors’ fees.

The spokesperson told The Southern: “The figures quoted as being paid out during this five-year period actually contain claims that date back to 1991 and 1997 as well as significant legal fees.

“Whilst we cannot give specific details, this includes a single high payment which was paid out across 2014/2015, 2015/2016 and 2016/2017 and accounts for the vast majority of the £4.3m.

“The number and subject of liability payments vary from year to year, as do the monetary value of agreed settlement payments. NHS Borders aims to provide good quality care and our top priority is patient safety.

“Similar to all NHS Scotland health boards, we do sometimes receive claims for compensation and these can be upheld if on investigation it seems that a higher quality of care could have been delivered.

“There has been an overall increase in the number of claims across NHS Scotland, and this national trend has also been reflected in NHS Borders.”

The Borders are on flood alert today, January 24, as river levels across the region continue to rise.

A total of 12 flood warnings have been issued as melting snow and persistent rain led to many rivers and streams breaking their banks

In response, Scottish Borders Council has convened a team in its emergency planning bunker to deal with the flood issues as several roads across the region are closed, including the A68 at Jedburgh, the B709 at Ettrick Valley, the A6088 from Hawick to Bonchester Bridge and the B6401, shut at Caverton Mill.

Most other roads are passable with care but there is a lot of surface water and areas of standing water.

Near Selkirk, both the Yarrow and Ettrick valleys are at risk of flooding throughout this morning, and residents in lower lying properties around Lindean have also been warned of potential problems.

The Scottish Environment Protection Agency has issued an amber flood alert for the Borders, with two red flood warnings for the Ettrick Valley and from Hawick to Monteviot.

Within the last hour, the Teviot burst its banks in the Mansfield Road area of Hawick. That prompted Hawick Volunteer Flood Group to mobilise its resources, with sandbags being made available at the town fire station and at the Common Haugh.

Householders in at-risk areas near the Tweed in Peebles have been advised to take precautions, with the nearest sandbag store being at the town’s fire station.

With the Tweed not expected to peak until close to lunchtime, places at risk include Whitestone Park, the Peebles Swimming Pool area, Tweed Avenue and Walker’s Haugh.

The Lyne Water above Peebles is also causing concern, with motorists being advised to avoid the B7056 around Halmyre Mains, while standing water on the B712 is also causing problems.

Low-lying properties along the Tweed between Tweedbank and Kelso have also been alerted to potential flood risk.

Flooding is expected on Annay Road in Melrose, and there is a risk of flooding to Melrose Garden Centre.

Properties in Jedburgh are at risk too, especially along Pleasance, downstream of Bridge Street and around the fire station.

Residents are reminded that the nearest sandbag stores are at the fire stations in Galashiels and Kelso.

The public has been advised to remain vigilant and remember to take any actions they can to help protect themselves and their properties.

Advice and information is also available on 0345 9881188.

If you haven’t already signed up to receive free flood messages, you can register online at sepa.org.uk/floodingsignup

Souters are being challenged to find a hero among them capable of protecting Selkirk from a mythical creature.

An artist commissioned to create a large-scale mosaic on the town’s flood wall is asking townsfolk to nominate a living local hero to be depicted taming a kelpie as part of a mural stretching between the new crossing gate and the Bridge Street footbridge.

The winner will be depicted as a protector of the town by showing them bringing one of the shape-shifting water spirits under control, representing the town’s £32m new flood defences, opened last year, keeping the Ettrick Water at bay.

The mosaic is being created by artist Svetlana Kondakova as part of a community art project overseen by the Selkirk flood protection scheme team.

Her project, entitled ‘A Selkirk Legacy’, has already seen involvement from members of the public invited to design leaping salmon mosaics at workshops.

Svetlana is encouraging Souters to nominate anyone making a positive impact on the town and its people, whether it be through community work, remarkable acts, special achievements or just having an extraordinary personality.

Nominations are open to everyone.

Nominees must have strong ties to Selkirk and be living locally so they are available to model for the mosaic.

All those wishing to submit nominations must do so at www.svetlanakondakova.com by noon on Wednesday, February 7.

A shortlist will then be drawn up and put to a public vote from Thursday, February 15, to Sunday, March 4.

Svetlana said: “It is very important to me to provide everyone who cares about the town with an opportunity to make an input, so it is only natural to ask people who they would like to see immortalised in this part of the mural.

“I am hoping that the mosaic portrait will act as a contemporary monument to the winner and the achievements that led them to be voted for, inspiring visitors for decades to come.”

As well as the mythological scene, the mosaic will include other portraits of notable locals from past and present taking part in Selkirk’s annual common riding.

Scottish Borders Council has admitted it is unable to win the battle against irresponsible dog owners on its own.

A report on the effectiveness of its responsible dog ownership strategy, which was launched in February 2016 and aims to change people’s behaviour to dog fouling and remind owners of their social and legal responsibilities, is being prepared.

A spokesman for the council said a number of initiatives had been launched, such as the Green Dog Walker Scheme, a dog wellbeing day, poster campaigns and several microchipping events.

He added: “Consultation with members of the public on the strategy has shown the majority believe the council is doing more to tackle this problem. At the same time, we recognise dog fouling remains an issue, but it is one which cannot be solely tackled by the council, particularly when demand on public services is increasing while budgets are being squeezed.”

Stuart Marshall, councillor for Hawick and Hermitage, said: “It is quite clear from these figures that the current war on dog fouling has been lost.”

Mr Marshall added: “To be honest this was a strategy that belonged firmly at the door of the previous ruling administration.”

The council contracted specialist enforcers 3GS in the summer of 2016 to tackle the issue of dog fouling and litter.

However, only 14 fixed penalty notices have been issued by the two officers for dog fouling – and only six of these have been paid.

The firm also issued 113 tickets to people who were caught dropping cigarette butts.

Mr Marshall added: “When you see 113 tickets issued for dropping cigarette ends and with half of the fines not paid, then clearly this current strategy was never going to succeed.

“It appears more time has been afforded to challenging those who choose to smoke, rather than those who allow their dogs to create a public health issue.

“It’s quite a ridiculous situation, and whilst I have been assured that the council is intending bringing an update on the current strategy before us, it is, however, the job of this current administration, of which I am currently a member, to implement measures that will at least attempt to improve on the current situation .

“Otherwise, I see no sight in end when trying to realistically resolve a horrible public health issue.”

Of the 3GS pilot project, the spokesman for SBC added: “The council carried out a series of communications to promote the strategy, including encouraging people to report dog fouling blackspots, hence the rise in the number of reports received in 2016.

“Officers are now collating all the information from the enforcement pilot project and assessed potential future options, which will be included in a council report on the strategy which is due to be discussed by councillors in early 2018.

“Members of the public can visit www.scotborders.gov.uk/dogfouling or phone 0300 100 1800 for further information, to request posters/stencils, join the Green Dog Walker scheme or anonymously report a dog fouling issue.”

Radical changes could be on the way at this year’s Hawick Common Riding, with women being granted equal rights to participate more fully than ever before in its 315-year history.

A source has told the Southern Reporter that the town’s common riding committee is preparing to release a statement on a major rethink to the part Teri womenfolk can play in 2018’s event, the 302nd.

If confirmed, it would follow decades of criticism over inequalities between the sexes during the common riding, launched over 300 years ago to commemorate the victory of Hawick youths over a marauding English force in 1514.

It is understood that for the first time in the event’s history, ladies will not be stopped from riding at any mounted events, including the preliminary rideouts, chases and main common riding day on Friday.

Even more radically, unlike in previous years, ladies look set to be allowed access to St Leonard’s Hut and other venues previously off limits to the fairer sex.

Further constitutional changes are expected to make clear the committee’s commitment to tackle any “inappropriate behaviour” detracting from the common riding following reports of large-scale rowdiness last summer.

A spokesman for the committee declined to comment on any proposed changes, saying only that an official statement would be issued in due course.

Controversy has dogged the traditionally male-dominated event for many years.

As far back as 1997, two women took legal action claiming that the men-only parts of the common riding were in breach of the 1975 Sex Discrimination Act.

That dispute eventually led to a compromise allowing women to take part in two of the event’s 16 rideouts.

If confirmed, the changes would come in the same year as celebrations take place to mark the 90th anniversary of women getting the vote.

Borders police are asking people to keep their eye out for a green Ford Fiesta car which was stolen in Jedburgh on Monday.

The car, with the registration Y472 PEL, was left in a small carpark at the corner of Bridge Street and Old Bongate around 6pm on Monday, January 22.

The car’s owner found out it was missing at around 10.45am on the morning of Tuesday,, January 23, but it is believed to have been taken between the hours of 6-8.15pm on the Monday evening.

Anyone who may have seen suspicious behaviour in the area during this time, or who has seen the car, is urged to contact Police Scotland on 101 and quote incident number 1897 of January 23.

Alternatively, information can be passed anonymously to the charity Crimestoppers on 0800 555 111.

Roads in the Borders were slowly returning back to normal this afternoon as the impact of flooding started to recede.

Several roads were closed as water levels rose significantly overnight, leading to 12 flood warnings being issued as melting snow and persistent rain led to rivers and streams breaking their banks.

Roads forced to close included the A68 at Jedburgh, the B709 at Ettrick Valley, the A6088 from Hawick to Bonchester Bridge and the B6401, shut at Caverton Mill.

But as the afternoon progressed and the impact of the flooding lessened, three of those roads were able to reopen by 5pm, the A68, the A6088 and the B709.

SEPA flood warnings are still in place for several areas of the region, including: Tweedbank to Floors; the Tweed in Peebles; the Tweed from Peebles to Yair Bridge; Lindean; Romannobridge to Lyne Station; Monteviot to Kelso; and Drumelzier to Dawyck.

A man stole three tubes of sweets from a shop in full view of staff, a court heard.

Kevin Wilkinson, 41, of Balmoral Avenue, Galashiels, pleaded guilty at Selkirk Sheriff Court to the theft from Poundland in the town’s Channel Street on November 11.

Procurator fiscal Graham Fraser said that though the value of the theft was only £3, it was concerning that Wilkinson was intoxicated with a substance and carried out the theft while staff were standing there watching him.

He added: “He was going about making a nuisance of himself while under the influence.”

Wilkinson was given a two-year drug treatment and testing order.

A man has been banned from the road after admitting drink-driving in Eyemouth.

Darren Heath, 30, of Horsburgh Street, Innerleithen, was fined at Selkirk Sheriff Court for the offence on November 12.

He was also fined £250 and ordered to pay an additional £200 for having no insurance.

A not-guilty plea to driving while almost three times the legal alcohol limit in Galashiels on June 18 was accepted by the crown, however.

A Melrose hotel is celebrating after being judged the real deal, having been presented with an award for serving the best beer in the Lothians or Borders.

Burt’s Hotel has been assessed as serving the best pint in its patch by the Edinburgh and south east Scotland branch of the Campaign for Real Ale (Camra) branch, and its chairman, Pat Hanson, has now handed over its 2017 real ale quality award.

That accolade follows branch members testing tipples in 400 pubs far and wide – including Edinburgh, East Lothian and West Lothian as well as the Borders – and scoring them on the quality of quaffing available.

Following that year-long quest for quality quaffing, Burt’s Hotel came out on top for its average score not only for the Borders but for the branch’s entire patch.

Proprietor Nick Henderson said: “We are delighted with this recognition of our commitment to serving a range of quality real ales, which we have been doing now for 25 years.

“It’s quite an undertaking – it does take quite a bit of time and effort – so we’re really pleased to have got it just right.”

The bar at the Market Square hotel usually has two local ales on tap, from the likes of Tempest Brewing Co at Tweedbank or the Born in the Borders brewery at Lanton Mill, near Jedburgh, as well as an English bitter such as Timothy Taylor’s Landlord, from Keighley in West Yorkshire.

“We’re served very well by breweries in the Borders,” Nick said.

“There are six or seven local brewers now, and the local beers tend to be very popular.”

Recent favourites among Burt’s customers have included Foxy Blonde from Born in the Borders.

The hotel, formerly Anderson’s Temperance Hotel, was renamed in 1926 after being taken over by Frederick Burt.

It has been run by Mr Henderson’s family since 1971, originally by his parents Graham and Anne Henderson and latterly by him and his wife Trish.

Its 2017 real ale quality award is just the latest in a long lines of accolade to come its way, having been named by the Good Pub Guide as the best in Scotland for eating out for the last four years on the trot and five times overall.

“The cask ales go hand in hand with the food offering, the bar meals and pub food, so it is nice to have that side of it recognised too,” Nick added.

The Plough Inn at Leitholm, near Coldstream, was named as runner-up for the Camra quality award in the Borders for the second year running, having been pipped to the post last year by the Exchange Bar in Hawick, also known as Dalton’s.

It has two real ales on cask at any time, one also always being from Born in the Borders.

Co-proprietor David McLean is over the moon to have come second best in consecutive years despite only having been running for the pub for two years, saying: “We’re absolutely delighted.

“It’s all down to our customers voting for our beers.

“We’re amazed to have got this accolade twice in two years.”

The Roseburn Bar scored the highest for beer quality in Edinburgh this time round, and the Levenhall Arms at Musselburgh was judged to be the best in the Lothians.

A man has appeared from custody at Selkirk Sheriff Court and admitted causing a disturbance at his mother’s home during the early hours of the morning.

Christopher Rodgers (21) pleaded guilty to shouting and swearing and making abusive and racially abusive comments in Hawick’s Chay Blyth Place on Monday, January 15.

Defence lawyer Ed Hulme said Rodgers, of Eildon Road, Hawick, had concerns about his mental health but made no excuses for his behaviour and apologised profusely.

He added that the racial comments were not directed at anyone in particular.

Sheriff Peter Paterson said there were concerning aspects about the case, in particular Rodgers’ consumption of alcohol and cannabis.

Sentence was deferred until February 19 for background reports.

A 36-year-old woman will stand trial at Selkirk Sheriff Court accused of stabbing her partner repeatedly to the body to his severe injury.

Sharon Boyle pleaded not guilty to that offence, alleged to have happened at a house in Bridge Street, Galashiels, on March 27.

A trial date has been set for February 15.

Boyle, of Buckhaven, Fife, pleaded guilty to a charge of breaching her bail by being in contact with Dean Campbell on December 13 despite a court order preventing her from doing so.

Sentence was deferred until the outcome of the trial.

Customers looking to enhance their fitness at the Macdonald Cardrona hotel have new reasons to keep their post New Year health kick going strong.

Macdonald Cardrona Hotel, Golf & Spa in Peebles has invested in state-of-the-art leisure facilities, with features including the award-winning IC6 Myride indoor spin bikes which allow users to transport their cycle training to the Italian Alps and all in time for users to keep up their New Year health kick.

John Forrester, Leisure Manager at Macdonald Cardrona Hotel, Golf & Spa said: “At a time of year when many of our guests and members are on a health kick following a busy festive season, the investment at Macdonald Cardrona Hotel, Golf & Spa confirms our commitment to providing guests with the best state-of-the-art fitness and spa facilities.

“We are excited to continue to provide market leading facilities – and build on our already high standards.

The new gym technology includes SPARC Trainers for high-intensity interval training, the SE3 interactive cardio machine and PowerMill Climber.

A drug dealer responsible for 10 Hawick youngsters being hospitalised after he sold them pink pills has been shown mercy by a judge and allowed to remain free.

Jamie Thomson, 21, was facing jail after admitting culpably and recklessly selling tablets of an unknown substance, resulting in the youths falling unconcious and requiring urgent medical treatment.

However, sentence was previously deferred after Lady Morag Wise was told Thomson had enrolled on a year-long residential programme run by a Christian charity in Kilmacolm, Renfrewshire, aimed at helping young men kick drink or drug addictions.

When the case recalled at the High Court in Edinburgh last week, Lady Wise took the unusual step of admonishing Thomson for the offence to reflect the transformation in his life said to have taken place in the meantime.

Police in Hawick were alerted to the problems caused by Thomson’s pink pills in 2015 after a 15-year-old boy was seen standing on a bridge outside a school apparently under the influence of drugs.

He was taken to the Borders General Hospital at Melrose and told medics there that he had taken “one pink jelly”.

Other youngsters fell ill too, and tests carried out on some of them later revealed traces of benzodiapine, a psychoactive drug, in their urine.

Thomson, formerly of Peebles but now living in Leith in Edinburgh, had admitted culpably and recklessly supplying tablets of “an unknown noxious psychoactive chemical substance or substances” to youths in exchange for money, putting their lives at risk by rendering them unconscious or insensible and requiring immediate hospitalisation and emergency treatment.

That offence was committed between August 18 and 21, 2015, at his then home in Hawick’s Havelock Street and elsewhere in the town, just days after Thomson had been freed on bail at Jedburgh Sheriff Court for another offence.

The High Court was told that Thomson was selling the pills for £1 each, claiming they were legal highs from Thailand.

However, 10 teenage boys, aged between 14 and 18, fell ill and had to be treated in hospital.

It emerged that over the last three years, though, Thomson has turned his life around in a positive fashion by attending and completing various programmes approved by the court.

As a result, Lady Wise admonished Thomson and dismissed the case.

Ross Dow, of Galashiels law firm WSA, said: “By admonishing Jamie Thomson, the court recognised just how much, in the face of a very troubled upbringing, he had managed to turn his life around since committing the offence and, in doing so, acknowledged that it is not always in the interests of justice to only focus on punishment and retribution.”

A man who threatened to post a film on social media of a woman he was seeing performing a sex act on herself has been ordered to pay her £250 in compensation.

Wayne Guy, 39, was also fined £250 for making that threat, intended to cause her fear, alarm and distress.

Jedburgh Sheriff Court was told the pair stopped seeing each other last April, but in July she received a message from Guy saying he was going to post an intimate video of her on Facebook.

Procurator fiscal Graham Fraser said he was upset about a Facebook comment she had made about him.

He added that Guy sent her a video in a private message showing her performing a sex act on herself and then threatened to share it on Facebook.

Mr Fraser said: “He wanted to scare her and to get her to take the post down about him.

“He was not aware it was an offence”

Defence lawyer Mat Patrick said the full-time driver had no intention of posting the video but made that threat due to the fact “she was pushing his buttons”.

He added: “She was spreading rumours about him that were not true.”

Mr Patrick added that the offence happened in July but was not reported to the police until November.

Guy, of Croftfield, Denholm, was also given a two-year non-harassment order.

A 24-year-old man has been jailed for over 13 months at Selkirk Sheriff Court for running amok in Innerleithen with a knife.

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 in 2015.

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, Midlothian, pleaded guilty to possession of a knife too.

The court was told he threatened to murder the woman and also told one man that he would cut him in half.

Sheriff Peter Paterson imposed jail sentences totalling 404 days backdated to December.

The death of a forestry worker in the Borders a year ago remains a mystery despite the best efforts of a fatal accident inquiry at Selkirk Sheriff Court this week to explain the tragedy.

The investigation drew a blank in its attempts to establish the circumstances that led to a tree falling and killing chainsaw operator Kenny Scott.

The 58-year-old sustained head and internal injuries after being struck by the tree after it fell on him while he was cutting it on the Sunderland Hall estate, near Lindean, on Tuesday, January 31, last year.

The self-employed woodcutter, formerly of Jedburgh but latterly of Minto, near Denholm, went into cardiac arrest and could not be revived by paramedics.

There was speculation during the inquiry that the tree had bounced before striking Mr Scott as he tried to dislodge a nearby hung-up tree.

As there were no direct witnesses or evidence to back up that theory, however, sheriff Peter Paterson said he could not include it in his determination.

As a result, he made no findings other than the cause and time of death at the end of the one-day inquiry.

Sheriff Paterson told relatives of Mr Scott that usually the court could offer some insight into how a fatality had occurred, but he added: “Sadly, in this case, we are really none the wiser than the parties were at the time of the accident.

“A tragic accident has occurred, and Mr Scott sustained injuries as a result of a tree falling on him somehow, and these injuries caused his death.

“Beyond that, we don’t know much more.

“All those in the chain of duty have done what was required of them by the law.”

Sheriff Paterson said Mr Scott was clearly a competent and qualified operative, having been fully trained and with more than 40 years’ experience in the forestry industry.

He added: “There is no criticism of the emergency services in terms of response, which, in fact, was exemplary.

“There were considerable resources to try to save his life. Therefore, no blame can be attached to any parties involved, as far as I can see.”

The sheriff ruled that Mr Scott’s death occurred between 1pm and 2.55pm on January 31 in woodland on the Sunderland Hall estate, that being the period of time between him resuming duties after a lunch break and an ambulance being called.

He added that the cause of death was as a result of a tree falling on him, but heart disease might have been a significant factor.

Sheriff Paterson concluded: “I cannot determine how the accident occurred beyond a tree falling on him. I make no further findings.

“It is a regret to all that this exhaustive process has not established much more.”

The inquiry was told that following the accident, the Health and Safety Executive put out a safety alert on measures to be taken by people working on felling trees.