A construction worker used an industrial digger to gouge large holes in a shared garden in a long-running boundary dispute with his neighbour.
Drunken Grant Hunter started digging random holes across the disputed area, despite being subject to a court order not to enter the land.
Neighbour Peter Doogan came out and filmed Hunter as he ploughed up and down with his digger before the two men had an angry verbal exchange.
Mr Doogan’s wife Barbara then arrived on the scene and Hunter was reported to police for breaching a bail condition not to talk to his next door neighbours.
Shared garden
On Wednesday at Perth Sheriff Court, Hunter admitted breaching the peace and breaking a bail order and he was ordered to carry out 100 hours unpaid work.
His solicitor told the court that Mr Hunter accepted what he had done, but felt he had been set-up by the Doogans deliberately confronting him in the garden.
Fiscal depute Andrew Harding told the court: “They are neighbours, living no further than five metres apart, and there are no other persons nearby.
“There are ongoing issues with shared garden land. Mr Doogan was at home when he saw the accused in a digger in the shared garden. He appeared to be digging holes at random.
“Mr Doogan commenced filming on his mobile phone and approached the accused and questioned him about what he was doing. He felt it was clear the accused was heavily under the influence of alcohol.”
He said: “The accused engaged in conversation which was aggressive from both parties. He made no attempt to leave the area. The behaviour continued for around half an hour.
“By this time Barbara Doogan had returned and the accused engaged both in conversation. Eventually they went their separate ways and Mr Doogan contacted the police.”
Bail conditions
Solicitor Gordon Martin, defending, said: “There is an ongoing dispute over the boundary. It would seem that Mr Doogan would have known full well Mr Hunter was going to do some construction work of some sort on the area of ground he believed to be his.
“His daughter had been injured as a result of the Doogan’s dog being on his ground. He was digging holes to build a fence.
“Mr Doogan deliberately chooses to video and speak to him, and his wife, knowing there’s a bail condition, trots out as well.
“These people know they can play the system and ensure he is arrested. They wait for as long as they think appropriate and then trot off and get the police to do what they have to do.
“It is clear the conversation was aggressive from both parties. There are particular circumstances here. Him being intoxicated might also explain why common sense didn’t prevail.”
Hunter, 38, Ferryfield House, near Abernethy, admitted acting in a threatening or abusive manner and being aggressive on April 29, this year.
He admitted breaking a bail order imposed on December 17, by communicating with Mr and Mrs Doogan at Ferryfield Cottage on April 29.
Sheriff Neil Bowie said: “You knew full well these bail conditions were in place for good reason, to stop situations like this arising.
“You must have known your activity that day was bound to lead to Mr Doogan coming to speak to you and thereafter the situation arising.”
