A court has heard how a long-running feud erupted in violence after a 69-year-old Angus man battered his female neighbour with a paint roller in a row over the colour of a garden fence.
Ian Spence saw red when brown paint dripped on to his green side in Monikie’s Granary Terrace, lighting the fuse on a simmering row with the 57-year-old woman which saw him initially suffer a cut to his face after she threw a paint pot at him.
Spence reacted by repeatedly hitting her with the roller.
Forfar Sheriff Court heard the bust-up happened on a Saturday afternoon early last September when the woman was painting her side of the fence. Some brown paint trickled down Spence’s side of the fence and after almost an hour the accused decided to go out and paint over it.
An argument broke out and when the neighbour threw the paint pot at Spence, he grabbed the roller and began to hit her with it.
She put up her arms to try to avoid the blows and police were called after other residents, including Spence’s wife, heard the commotion.
Police arrived shortly after and saw the accused had sustained a 1cm cut to the bridge of his nose.
His victim had paint in her hair and on her arms and when officers returned five days later to interview her they saw bruising on her cheek, forearms and head.
Defence solicitor Billy Rennie told the court Spence and his wife had stayed there for around eight years without any issues with other neighbours.
When interviewed by police, the accused’s wife had said several incidents had been previously reported and told officers: “She has made life a misery.”
Mr Rennie added: “There was clearly an element of provocation. My client is assaulted, there is a slight delay and he then reacts to that.
“He is well aware now that what he should have done is phoned the police.”
Mr Rennie said the neighbour had subsequently instigated proceedings which had led to an interim interdict against Spence being granted.
“My client did not think it was financially viable to challenge that and so there is already a safeguard in place,” said the solicitor.
Sheriff Pino Di Emidio told Spence: “You appear before the court as a first offender.
“I have taken into account all I have heard about the circumstances.
“Notwithstanding the provocation, the appropriate thing would have been to step back and not react in the way you did.”
He fined Spence £190.