A former soldier found in possession of £7,000 worth of items which had been stolen from a neighbour’s house has been jailed for 12 months.
Thirty-nine-year-old Gary Clark pleaded guilty to a charge of reset following a break-in at the property in Bountrees, Jedburgh, on June 14.
Selkirk Sheriff Court was told that the neighbour was a collector of jewellery and had gone on holiday – and during that time the house was entered.
The police were informed about the break-in and a work colleague suspected Clark might have been involved, and challenged him to return the items. Around £6,000 worth of the jewellery and electrical equipment, such as Ipads, were recovered.
Clark – who, the court was told, served with the Royal Scots in Iraq and Afghanistan, and now said to be suffering from post-traumatic stress disorder – was initially charged with theft by housebreaking, but pleaded guilty to the lesser crime of reset.
The court heard he had gone to Paisley to try and sell the jewellery, but had been unable to and returned to the Borders.
His solicitor, Mark Harrower, said: “Someone else broke in, but he should not have got involved in it.”
Sheriff Raymond McMenaman said: “The crime of reset facilitates those who steal property. The court has to take this seriously. The crime is aggravated by your record.”
He reduced the prison sentence from 16 months to a year due to Clark’s early guilty plea.
BUST-UP LED TO ASSAULT ON EX
A Kelso man who admitted assaulting his former partner during a bust-up has been warned he was very close to being sent to jail.
Robert Yule, 40, also pleaded guilty to a charge of making threatening remarks and causing a disturbance at her home in Inchmyre, Kelso, on the evening of Wednesday, September 6.
But a not-guilty plea to assaulting a man during the same incident was accepted by the Crown.
Procurator fiscal Graham Fraser said Yule was already serving a community payback order for a previous domestic-related matter.
He explained Yule and the woman had been together for around 13 years, and had a daughter who witnessed the incident.
Mr Fraser said both had been drinking during the afternoon and Yule turned up at her home about 9pm.
He added: “He started shouting at her and was abusive. The daughter phoned a friend of her mother’s who came to the house and took the girl away. She could see the accused was in an argumentative state.”
Mr Fraser said that Yule then pushed his ex-partner onto a sofa, causing her to fall and strike her head, resulting in a bump.”
Defence lawyer Robert More said his client released the severity of his situation, but asked the sheriff to follow the recommendation in the background reports and impose an alternative to custody.
Sheriff Andrew Webster told Yule, of Inchmead Drive: “The fact that you have a previous offence for a similar matter means the prospect of custody is very real. You must realise how close you have come to a custodial sentence.”
He imposed a community payback order with two years supervision and 60 hours of unpaid work.
TAKEAWAY ATTACK TRIAL
A 44-year-old man accused of assaulting a Hawick takeaway customer will stand trial later this month at Jedburgh Sheriff Court.
Akif Maybasilgan, of Fraser Avenue, Hawick, denies punching a teenager in the face to his injury. He has lodged a special defence of self-defence.
The offence is alleged to have been committed in the Caspian Takeaway, Howegate, on June 28.
A trial date was set for October 31.
BRANDISHED HAMMER
A 48-year-old man brandished a hammer and threatened to kill his former neighbours during a disturbance in an Eyemouth street.
Nigel Burgess used the offensive weapon to smash the window of a property in Bennison Square on the afternoon of June 2.
He pleaded guilty to three offences at Jedburgh Sheriff Court – possession of an offensive weapon, threatening and abusive behaviour, and vandalism.
Procurator fiscal Graham Fraser said: “He was shouting and swearing at them, and said: “I am going to kill yous.”
After being cautioned and charged by police, Burgess replied: “I don’t understand the charge. I am criminally insane.”
Defence lawyer Ross Dow pointed out his client had never been in trouble before.
Sheriff Andrew Webster told Burgess: “Your behaviour is concerning to the community at large. We cannot accept individuals running around with hammers in their hands, whatever the circumstances.
“That is simply intolerable.”
Sentence was deferred on Burgess, now living in Tweedholm Avenue, Walkerburn, for 12 months for good behaviour.
BANNED FROM RUGBY CLUB
A 43-year-old man has been banned from entering Kelso Rugby Club until the outcome of his trial.
Thomas Orr, of Oakfield Court, Kelso, is alleged to have struck a man on the head to his severe injury inside the premises on June 2.
A trial date has been set for November 2 at Jedburgh Sheriff Court.
DENIES ATTACK ON EX-PARTNER
Daniel Gold, 18, of Grovehill, Kelso, will stand trial on December 14 accused of assaulting his former partner by spitting at her.
He also pleaded not guilty to shouting and swearing, and making abusive remarks.
The offences are alleged to have been committed in The Square, Kelso, on September 23. An intermediate hearing will take place at Jedburgh Sheriff Court on November 13.
DENIES SBHA STAFF ABUSE
A Hawick man has been accused of behaving in a threatening or abusive manner towards Scottish Borders Housing Association staff.
Laurence Harvey, 53, of Silverbuthall Road, denies causing fear and alarm by shouting and swearing, and acting in an aggressive manner.
The offence is alleged to have taken place at the association’s premises in West Port, Hawick, on July 18.
A trial date has been set for Jedburgh Sheriff Court on December 12, with an intermediate hearing on November 13.
AIR WEAPON ALLEGATION
Jonathan Streets, 31, will stand trial next month on a charge of possessing an air weapon without a certificate.
He denies committing the offence at his Maxmill Park home in Kelso on May 18.
A trial date has been set for November 2 at Jedburgh Sheriff Court.
DRUG-DEALING CHARGE
A Nisbet man has been accused of producing cannabis and drug dealing.
Andrew Robson, 40, is charged with committing the offences at his East Nisbet Farm Cottages home on September 6.
The case was continued without plea at Jedburgh Sheriff Court until October 16.
ACCUSED OF ORDER BREACH
A Clovenfords man will stand trial on a charge of breaching a court order by repeatedly contacting his estranged partner.
David Mitchell, 25, is also accused of shouting and swearing, and making abusive and offensive comments towards her in a telephone call.
The offences are alleged to have been committed at his Leyden Grove home on September 27.
He pleaded not guilty to both charges at Jedburgh Sheriff Court and a trial date was fixed for January 18. An intermediate hearing is due on December 18.
KNUCKLEDUSTER ALLEGATION
Stuart Cramond, 38, of Orchard Park, Kelso, pleaded not guilty to being in possession of a knuckleduster at the town’s Pinnaclehill industrial estate on June 26.
A trial has been fixed for Jedburgh Sheriff Court on December 12 with an intermediate hearing on November 13.
CAUGHT TRYING DOOR HANDLES
A man caught on CCTV trying car door handles early in the morning at Heriot Watt University in Galashiels has been jailed for 50 days at Selkirk Sheriff Court.
Scott Morrison, 30, pleaded guilty to being found in the curtilage of the university in circumstances which inferred he intended to commit theft on August 29 at around 6am.
When he was searched at Galashiels police station he was found to be in possession of heroin and diazepam.
Morrison – currently serving a prison sentence, but his last address was in Peebles – had not-guilty pleas to three other charges accepted by the Crown.
The jail term is to run consecutively after his current 100-day sentence.
WASTED POLICE TIME
A Hawick man has admitted wasting police time by falsely claiming he was severely injured by unknown males.
The offence happened at a house in Beaconsfield Terrace, Hawick, on January 24.
Ricky Lee, 38, of Boonraw Road, pleaded guilty at Jedburgh Sheriff Court to making the false representation to a detective constable.
Sentence was deferred until October 30 for the production of background reports.
TRIAL FOR LAUDER TEEN
A Lauder teenager will stand trial later this month accused of assaulting a male to his severe injury and permanent disfigurement.
Tom McKinlay, 18, of Scott Road, denies the offence which is said to have happened at Nenthorn House, near Kelso, on December 17.
The trial date is set for October 31 at Jedburgh Sheriff Court.
MAN SAW RED OVER FLIRTING
An accused punched another man on the head after an argument broke out over flirting with his girlfriend.
Thomas Rousseau, 32, pleaded guilty to the offence which happened at a property in Scott Street, Galashiels, last month. He had originally been charged with attempting to strike the 21-year-old victim with a bottle, but that was deleted from the charge.
Rousseau, who now lives near Haddington, was given a community payback order at Jedburgh Sheriff Court involving 32 hours of unpaid work.
PEEBLES MAN DAMAGED DOORS
A Peebles man who admitted acting in a threatening and abusive manner towards his partner has been ordered to carry out 160 hours’ unpaid work at Selkirk Sheriff Court.
James Scott, 34, was shouting and swearing and also damaged doors during the bust-up at a house in Kittlegairy Road, Peebles, on June 17. He also pleaded guilty to struggling violently with police officers at his Glensax Road home on the same day.
The community payback order also includes 12 months’ supervision.