A volunteer helping to install benches in an Aberdeen park brandished a metal pole at a pensioner – and has been ordered to carry out unpaid work as punishment.
Hector Nicol, 59, had been assisting a pal in a volunteer community group at Coronation Park in Peterculter when the pair got into a row with a 70-year-old man.
Nicol initially tried to separate the men, but soon got dragged into the argument himself, grabbing hold of the pensioner’s jacket and threatening to “do him”.
And Nicol then picked up a metal pole he’d been using and held it above his head, resulting in the pensioner immediately leaving and calling the police.
Fiscal depute Lewis Devoy told Aberdeen Sheriff Court: “Around 9.30am on June 22 2021, the accused and another witness were in the park.
“They were carrying out voluntary work installing benches.
‘If the complainer had left them alone nothing would have happened’
“The accused had with him a metal pole which he was using to dig holes.”
Mr Devoy said the complainer in the incident walked through the park a little later that morning.
The court heard the complainer and Nicol’s friend then had a “brief argument” and that there was a “disagreement between the pair”.
Mr Devoy went on: “The accused has stepped in to separate the parties and has, at one point, taken hold of the complainer’s jacket and has said he would ‘do him’.”
Nicol’s friend then separated the two.
Nicole continued to ask the complainer to leave and there was “shouting and swearing on both sides”.
Mr Devoy said: “At this point, the accused picked up a metal pole he was using and held it above his head briefly before the complainer walked away and contacted the police.
“The accused was later traced and cautioned and charged.”
Nicol, of Selbie Place, Gourdon, pled guilty to behaving in a threatening or abusive manner by acting in an aggressive manner and threatening the man while brandishing a metal pole and grabbing him by the clothing.
Accused ‘allowed his conduct to overstep the mark’
Defence agent Chris Maitland said his client had been helping out a friend who was involved with a volunteer community group installing benches.
He said Nicol had provided him with a list of previous incidents and grievances he’s had with the complainer in the case.
The solicitor went on: “If the complainer had left them alone nothing would have happened.
“He can’t help himself and became involved in an argument and makes accusations towards the other witness.
“My client became involved and obviously allowed his conduct to overstep the mark.”
Sheriff Robert Carr ordered Nicol to carry out 40 hours of unpaid work.
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