A 20-year-old punched and kicked a man he believed had stolen from him.
Alyxs Millar, of Burnhead Road, Hawick, admitted assaulting a man at Baguette Express, Sandbed, in the town on July 27.
Prosecutor Graham Fraser told how the accused “set about” the victim around 2.15pm and had to be pulled away by two others. The man sustained a cut head, swollen nose and swollen eye.
“He didn’t want the police contacted. The background is that he has a drug habit and had stolen from the accused to fund that addiction, and his behaviour seems to be some form of retribution. This simply is not acceptable behaviour,” concluded Mr Fraser.
Defence solicitor Rory Bannerman said his client saw the victim in the street.
The lawyer added: “He was angry and wanted to confront him and ask him to repay the money he believed he had stolen. He says the man struck him and ran off, and he pursued him and struck him twice.
“It all happened in the heat of the moment.”
Sheriff Derrick McIntyre observed: “There is clearly a background here.” He sentenced Millar to an 18-month community payback order with 160 hours of unpaid work, to be completed within six months.
He also warned the accused: “If you fail to comply, you are likely to face custody.”
BREACHED BAIL CONDITION
A drunken man who fell asleep on the stairwell outside his former home breached bail when his partner allowed him inside.
Greg Whiteley, 28, of Weensland Road, Hawick, had been granted bail on September 2 with a condition not to contact his partner or to enter Melrose Court in the town. He admitted breaching the condition 13 days later.
“Police found him asleep on the stairwell, under the influence of alcohol, when they were attending to another matter,” explained procurator fiscal Graham Fraser, adding: “He told police he lived there and had lost his key.”
Alison Marshall, defending, said officers had allowed him to go into the house, unaware of the bail conditions, but returned four hours later and found him in a bedroom.
Whiteley was sentenced to a 24-month community payback order, under supervision.
DISC JOCKEY DISQUALIFIED
When police stopped a suspected drink-driver, he handed them the keys and admitted: “I’m pissed”.
First offender Pries Carsane, of Springwood Rise, Kelso, pleaded guilty to driving a van at Bridge Street and Maxwellheugh in the town on October 20 with a breath/alcohol reading of 75mcg – more than twice the legal limit of 35mcg.
Graham Fraser, prosecuting, said officers had earlier seen the accused closing the rear door of the van and carrying a bottle of alcohol. At 1.40am they saw the vehicle being driven by Carsane and stopped him.
“As the police walked towards the van, he gave them the keys and said, ‘I’m pissed’,” explained Mr Fraser.
Defence solicitor Alison Marshall said 27-year-old Carsane would lose his employment as a driver as a result of the offence.
She explained: “He does some part-time work as a disc jockey and had been working that evening. He had a couple of drinks, but hadn’t eaten anything that day, and can’t explain why he decided to drive the short distance home.”
Carsane was fined £400 and banned from driving for 12 months.
PEEBLES MAN TO FACE JURY
A 29-year-old man alleged to have assaulted another to his severe injury and permanent impairment will stand trial by jury on December 3.
Neil Hogarth, of Cademuir Drive, Peebles, appeared on indictment and denied punching a man on the face and knocking him to the ground at School Brae in the town on May 18.
EX-PUBLICAN ON TRIAL
A former publican is due to stand trial today (Thursday) for allegedly being drunk in a bar.
Frank McFarlane, 64, of North Bridge Street, Hawick, denies, as a responsible person, being drunk at Frankie’s Bar in the town on August 26 last year.
ASSAULT ALLEGATION
EX-NATIONAL Hunt jockey Paul Robson will stand trial today (Thursday) after he denied assaulting a woman in Hawick.
Robson, 30, of Burnflat Brae, Hawick, pleaded not guilty to seizing a woman by the wrists, forcibly removing a ring from her finger, throwing her on to the floor, seizing her by the body and throwing her across a room on March 9/10 at a house at Weensland Road.
ACCUSED OF BENEFITS FIDDLE
A Hawick man accused of falsely obtaining more than £15,000 in benefits will stand trial on March 6.
Glen Miller, 54, of Allars Bank, denies receiving £15,161.78 Jobseeker’s Allowance and £712.77 council tax benefit to which he was not entitled between July 19, 2009, and December 2, 2012, at Falside Cottages, Southdean.
An intermediate hearing was set for February 7.
SENTENCE DEFERRED
A husband who assaulted his wife after she accused him of being untidy had sentence deferred for three months to be of good behaviour.
Mark McSorley, 30, of Ruberslaw Road, Hawick, admitted seizing his wife by the neck and pushing her, causing her to fall to her injury, at their home on July 12.
“They have been together for seven to eight years and married in June this year,” explained procurator fiscal Graham Fraser.
“There was an argument between them about his untidiness. He said he was going to leave and go back to his mother at Prestonpans, and went to her purse to take some money. She tried to stop him and he pushed her and she fell,” added Mr Fraser.
The woman sustained grazing to her knee and soreness to her wrist and ankle.
Defending, Rory Bannerman said McSorley’s wife had accompanied him to court, adding: “He appreciates that pushing her is not acceptable, but tempers were frayed.”
TRIO REMANDED IN CUSTODY
Three accused were remanded in custody after appearing in private.
Morr Mbye, 28, from Coventry; Muhammadu Jallow, 35, from Leeds; and Bamba Gaye, 31, from Rugby; are alleged to have been in possession of an illegal drug with intent to supply.
All made no plea or declaration and were fully committed.
COMMUNITY PAYBACK ORDER
A repeat offender who struggled and fought with his partner was sentenced to a 15-month community payback order, with supervision.
Michael Moffat, 38, of Longcroft Crescent. Hawick, admitted behaving in a threatening or abusive manner at Drumlanrig Place in the town on July 20.
Prosecutor Tessa Bradley said Moffat had been in a relationship with the woman for some six years, and both had been drinking prior to the offence.
Ms Bradley explained that the couple began arguing at 8.30pm and it “escalated to a physical altercation”, adding: “He grabbed her hair, causing her to scream in pain.”
Neighbours contacted police who found the woman in a distressed state.
Moffat told officers: “It was just an argument.”
BANNED FOR 22 MONTHS
A MOTORIST who drove when more than twice the alcohol limit was fined £400 and banned from driving for 22 months.
First offender Karen Redpath, 54, of Eildon Crescent, Melrose, admitted driving a car at St Dunstans Park and other roads in the town on September 30 with a breath/alcohol reading of 92 mcgs – the legal limit being 35.
Staff at the local medical centre noted Redpath was “clearly under the influence of alcohol, with red eyes and slurred speech”.
Concerned she may be driving, they watched her leave the building and get into the driver’s seat of a vehicle parked outside.
Police were contacted and Redpath’s reply to caution was: “Stupid.”