An Angus man who pinned his one-legged neighbour to a wall with a crutch after his victim’s prosthetic leg came off in a row between the pair has been ordered to pay him three-figure compensation.
James Fenton’s aggressive shouting and swearing around his Arbroath home in August last year had drawn the attention of Jeffrey Heenan, but Forfar Sheriff Court heard the neighbour’s intervention led to an incident which was branded “highly unpleasant” by a sheriff.
Fenton, of Fergus Square, Arbroath appeared for sentence before Sheriff Derek Reekie having previously admitted behaving in a threatening manner by shouting and swearing at his home address on August 27 2017, and assaulting Mr Heenan by pushing him on the body, causing him to fall to the ground, and pinning him against a wall.
Depute fiscal Stewart Duncan said Mr Heenan was in bed around 8.30pm when he became aware of aggressive shouting and swearing near a neighbour’s property.
“He was concerned for his neighbour, so put on his prosthetic leg and while walking to the house he encountered the accused, who continued to shout and swear,” he said.
The court heard the 50-year-old accused was told to calm down and Mr Heenan attempted to reason with him, but in response Fenton faced up to him, was shouting in his face and then pushed his head.
The fiscal said the victim was then pushed on the body, causing him to fall to the ground.
“The accused then took his crutch and placed it against his chest, pinning him against the wall,” added Mr Duncan.
He said the victim suffered grazing to his amputated leg as a result of the attack and was advised by doctors not to wear his prosthetic for a few days.
When questioned about the offence, Fenton told police: “I’m sorry”.
Defence solicitor Billy Rennie said his client had his own health issues having suffered a brain injury as a result of a motorcycle accident a number of years ago.
“This happened almost a year ago and he has been of good behaviour since April,” he said.
“It’s an unfortunate neighbour dispute and unfortunately the neighbour’s disability has added to the offence.
“He is on medication for his brain injury and otherwise leads a quiet, orderly life,” added Mr Rennie.
Sheriff Reekie told Fenton: “I understand that you have certain issues but unfortunately to behave in this way towards a neighbour who has a significant disability is very unpleasant.”
He fined the accused £180 and ordered him to pay £250 compensation to Mr Heenan.
