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Frosty relations in Angus neighbour dispute boils over into court fine

Forfar Sheriff Court.
Forfar Sheriff Court.

An Angus pensioner who fraudulently stopped his neighbour’s boiler cover during a long-running feud has appeared in a criminal court.

George Middler sold Michael Fallone a plot of land at leafy Templeland Steading, between Newbigging and Kingennie, in 2005 only for the pair to fall out over a boundary dispute shortly afterwards.

The 68-year-old decided to give his former friend the cold shoulder when he was mistaken for the younger man while on the line to Domestic and General in February 2015.

Mr Fallone discovered the deception a year later when his boiler broke – spending the next several months without a working unit as a result.

Middler was fined over the “malicious” matter by Sheriff Kevin Veal, who said he may have felt aggrieved but “two wrongs don’t make a right”.

Depute fiscal Stewart Duncan said the offence came out of a “dispute between the accused and his neighbour.”

He added: “In February 2016 Mr Fallone was having issues with his boiler and contacted his cover provider.

“He was told that his insurance had been called in February 2015 – he knew nothing about it. On having the call played back, it became apparent that it was the accused who had rung up.”

Mr Duncan said this had incurred a financial loss, referred to on the charge under summary complaint.

He said: “There’s no actual amount but it was because they had to use other means to heat the house and water … for several months. It’s been stated as significantly more expensive than an oil-fired boiler.”

Defence agent Billy Rennie said his client had one previous conviction which also related to the neighbour.

He said the pair had enjoyed good relations until a boundary dispute arose soon after his client had sold the parcel of land behind his house to Mr Fallone in 2005.

Mr Fallone had previously installed an IT system for Middler, which the latter found inoperative after relations soured.

Things then went “from bad to worse”.

“He and his wife have sold the house and are moving out on May 12,” he said.

“He doesn’t want to have anything to do with them.”

Fining Middler £300, Sheriff Veal told the accused his actions “did not encourage proper relations between neighbours”.

Middler admitted maliciously purporting to be Michael Fallone and inducing a member of staff at Domestic and General to cancel the contract, causing financial loss, all by fraud on February 9 2015.