A Fife pensioner was caught on camera 49 times in a month walking past a neighbour’s home making “sexualised gestures” with his “fingers in his mouth”.
Christopher Tognarelli, 77, appeared in the dock for sentencing after earlier pleading guilty to stalking the woman between July 8 and August 8 this year at an address in Lumphinnans.
Court documents say he engaged in a in a course of conduct which caused fear or alarm by repeatedly shouting, making “animalistic noises” and repeatedly making “sexualised gestures” towards the property.
Despite the wording, prosecutors found no significant sexual element to the charge.
The court heard it is Tognarelli’s third offence concerning the woman during a long-running dispute.
49 incidents in a month
Fiscal depute Eve McKaig told Dunfermline Sheriff Court the victim has lived at the address since 1974 and Tognarelli moved to the street in about 1981.
Ms McKaig said it was reported to police in August that while Tognarelli walked past her home he was “making gestures” described as “putting his fingers in his mouth”.
On the woman’s CCTV he could be seen walking along the street and only making the gestures when opposite her address, the fiscal said.
She said “approximately 49 recorded incidents” of this took place over a month and these were given to police.
Officers went to Tognarelli’s home on August 11 and he was arrested and charged.
Defence lawyer Aime Allan described it as a “long-running neighbour dispute” with difficulties on both sides.
She said “both parties” have appeared in court over the years at various times.
Broken fence sparked behaviour
Ms Allan said her client had managed to desist from offending for about eight years before the incident.
Asked by Sheriff Krista Johnston what had provoked this behaviour, Ms Allan said: “There was a storm in January and a fence blew down and Mr Tognarelli was trying to sort the fence.
“He is of the view the complainer was making rude gestures to him at that time.
“That’s kicked off the issues, so to speak”.
Ms Allan said her client has been keeping note of issues from his perspective but has not contacted police.
He has since installed CCTV at his own property.
Three-year order imposed
Sheriff Johnston fined Tognarelli £400 and banned him from contacting the woman for three years.
The sheriff warned if he makes direct or indirect contact with the woman, he will be brought back to court.
Sheriff Johnston added: “I appreciate it’s a situation of a neighbourhood dispute but you are the one in the dock admitting guilt to behaviour which must be distressing and upsetting to your neighbour”.
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