A man has been cleared of attacking a rival with a piece of wood and driving at him in his van in a row about dog fouling.
Gordon McAlpine, 48, went on trial this week accused of assaulting Alan Fletcher to his severe injury and to the danger of his life in Blairhall’s South Avenue on December 27 2021.
McAlpine, who lodged a special defence of self defence, had initially been charged with attempted murder.
Complainer’s version
The trial at Dunfermline Sheriff Court heard there had been difficulties before the incident between McAlpine and neighbours about their dog fouling outside his home.
Mr Fletcher, 42, told the trial he had been made aware of this and went to speak with McAlpine to apologise but also tell him he was not happy about the way he had spoken to a child.
He claimed McAlpine “hit the roof” and got out of his van asking for a fight.
He said he dodged a flurry of punches before walking away.
He said McAlpine then came at him with a piece of wood and “swung it in baseball-type fashion,” striking his ribs.
He told jurors he “dropped to one knee” before McAlpine swung the bit of wood at his head as he defended himself.
He said he then heard a revving noise and as he got to his feet, the Transit van was in front of him and McAlpine was “driving the van right towards” him.
He “sort of jumped” and made contact with the vehicle, pushed himself away and fell to side, he added.
Jurors were shown photographs of bruising to Mr Fletcher’s rib cage and fingers on one hand.
At Kirkcaldy’s Victoria Hospital, a chest x-ray showed a rib fracture and small collapse of the lung.
In her closing submissions, prosecutor Laura McManus suggested these injuries were consistent with Mr Fletcher’s account of being struck in the ribs and putting his hand up to defend himself.
Accused’s version
In a video-recorded police interview conducted shortly after McAlpine’s arrest, he told detectives: “This is all down to dog sh*t”.
He told police “six dog sh*ts” had been left outside the house, which his wife had to pick up, before it happened again.
He said Mr Fletcher had been the aggressor that day and had not come to apologise but to ask if he had “a problem” with a group of children, who can not be identified for legal reasons.
McAlpine said his driver-side window was down and Mr Fletcher punched him in the face.
He said there was a “bit of a scuffle” and Mr Fletcher jumped on his back and hit him on the head as he tried to walk off.
McAlpine said he told him “is that all you’ve got?” and that Mr Fletcher told another witness to get a “black bar” out of a car, prompting him to get a bit of wood from the side of his own house to protect himself.
He said he did not believe he had struck Mr Fletcher as he waved the piece of wood.
Asked by detectives about how he drove the van afterwards, McAlpine said: “I never attempted to murder anyone.
“He came to me to attack me and when he did not get what he wanted, he phoned police.
“I drove away in the van and he tried to stop me. He tried to kick it (the van)”.
When asked if he drove into the man, McAlpine replied: “He struck the van on the passenger side”.
On being told he was being charged with attempted murder, he replied: “It’s totally outrageous”.
Cleared by jury
The trial also heard from a taxi driver dropping off a customer in the street who saw one man – she could not remember who – standing with a black pole.
Mr Fletcher denied ever having a black pole.
McAlpine’s wife, who was in the passenger seat of the van at the time told the trial Mr Fletcher had shouted to a witness to get him a black bar, which she described as about 3-feet long.
She said Mr Fletcher swung it and missed and her husband swung the piece of wood once, making contact with him.
She said as her husband drove away, Mr Fletcher “threw himself against the side” of the van to “try and stop us leaving”.
After about an hour of deliberations, the jury found McAlpine not guilty of the charge by majority verdict.
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