A Buddhist monk has been cleared of driving a digger at two neighbours following a dispute about a rubbish fire.
At Perth Sheriff Court, John Hickman and Andrew MacDonald said they had remonstrated with Gudo Yasuoko after he began burning a variety of items at a barn on Boreland Farm, Fearnan.
Mr Hickman was concerned that plastics in the fire were producing toxic fumes and Mr MacDonald believed the items did not belong to Yasuoka.
They said Yasuoka, 66, began shouting and they moved to the side of the barn to discuss things.
Both said Yasuoka had climbed into a small digger and drove it towards them.
Mr MacDonald said: “I thought it was ridiculous at first but I later thought it was an aggressive and intimidating action.
“I became alarmed as the digger came towards us as it (the bucket) was moving to face height. I had my hands up and the digger bucket connected with my hands.
“I moved back with John behind me but there wasn’t anywhere for us to go.”
Mr Hickman did not mention this in his evidence, leading Yasuoka’s solicitor John McLaughlin to question whether the case could proceed given the differences in testimony.
Sheriff Lindsay Foulis rejected this.
Both Mr Hickman and Mr MacDonald conceded that the vehicle could only move at slow speeds but said Yasuoka had no reason to drive in their direction.
They added that, although there were industrial sewing machines nearby, which Yasuoka may have intended to put on the fire, he had driven past where these were lying in order to reach the pair of them.
Yasuoka, of Pinos del Valle, Spain, denied that, on November 16 at Boreland Farm, Fearnan, he committed breach of the peace by shouting, throwing a glove and driving a digger towards people.
Sheriff Foulis was not satisfied beyond reasonable doubt the charge was supported by the evidence and found the case not proven.