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Farmer facing forklift assault charges threatened alleged victim’s uncle, witness claims

Ian Stuart, pictured leaving Aberdeen Sheriff Court, alleges he was threatened by Stuart Allan.
Ian Stuart, pictured leaving Aberdeen Sheriff Court, alleges he was threatened by Stuart Allan.

A farmer accused of a vicious assault against an old school friend later made a throat-slashing gesture to his alleged victim’s uncle, a court has been told.

Alford farmer Stuart Allan, 31, is standing trial accused of ramming a forklift’s spikes through the windscreen of Gary Stuart’s van before slashing his throat.

Members of Mr Stuart’s family told day three of the trial at Aberdeen Sheriff Court how his personality changed in the wake of the alleged incident in November 2019 and he was reluctant to let anyone see his neck injuries.

His uncle, Ian Stuart, claimed he had felt threatened after running into Allan on two occasions after his nephew had reported the matter to the police.

Pensioner felt threatened

The 67-year-old widow and retired mechanic claimed he felt “scared and insecure” by Allan’s alleged behaviour towards him in May 2020.

He told the jury: “Stuart Allan threatened me. He was in the tractor in the field next to my house. It passed slowly and he sculked down and made a throat-slitting gesture.”

He said on a second occasion he was in his garden with his brother and his brother’s partner when Allan gave him the middle finger and a two-finger gesture from the back of his parent’s car.

Ian Stuart also told the court his nephew “wasn’t himself” in the weeks after the alleged incident and was instead “scared-looking” and “twitchy”.

Cousin was concerned too

The pensioner’s daughter, Julie-Anne Stuart, also gave evidence and said her cousin had started acting “odd” about a week after the incident and stopped coming by his uncle’s Alford home.

She told the court: “Gary became edgy. I asked to see his neck and he wouldn’t let me see. Normally he’d come by my dad’s house and be there for hours, but he was weird.

“He was not like Gary at all.

“He was odd and the fact he wouldn’t let me see it, I knew there was something not right.”

Julie-Anne Stuart leaving court after giving her evidence on Friday.

Farmer told jury of alleged assault

Earlier this week, the jury heard Gary Stuart likened the young farmer to “a drug-crazed hitman” and agreed the alleged incident “was like something out of The Sopranos” as he gave evidence.

The incident in which the 29-year-old suffered two cuts to his neck is alleged to have taken place on a single track road at Kinclune Farm near Alford on November 11, 2019.

Mr Stuart said Allan, a former school friend, was driving a grey Manitou low loader laden with bails when he met his own VW Caddy van on the road near their neighbouring family farms.

Gary Stuart, pictured, claims Stuart Allan drove a farm machine at him.

He said the pair then fought in the road before Allan landed a “big smack”  which left him “stunned”, then swung a knife twice making contact with his neck.

He claims Allan told him: “You are lucky I stopped there, I was going to slit your throat, pick up your vehicle and dump it in the River Don.

“If you tell anybody about this I will come after you and come after your family.”

‘Made up tale for pals and family’

Mr Stuart admitted he lied to family and friends about what happened for the next two months because he was “terrified”, but eventually reported the matter to the police.

The court was told how the pair were former school pals before their relations hit an “all-time low”.

Medical records detailing Mr Stuart’s trips to hospital in Huntly and Aberdeen Royal Infirmary following the incident showed he told medics he had injured himself on an angle grinder.

He was treated for two lacerations to his neck with stitches and has been left permanently scarred.

Firestarter gave evidence

Another witness, recently-convicted firestarter and Huntly farmer Ryan Milne, told the court that Allan had admitted his guilt to him when the pair were in the Oak Pub in Huntly over Hogmanay.

The 23-year-old said: “There was no discussion about it after Stuart told us but everyone in the gang is better pals with Stuart anyway.

“Stuart wasn’t really boastful about what happened with Gary but seemed happy to tell folk.”

Witness Ryan Milne leaving court after giving evidence on Thursday. Pic: DCT Media

He added he didn’t go to the police because it was “none of his business really”.

“It’s not my place to say,” he added. “If Gary wanted to do that he could do it himself.”

Allan’s defence agent said his client categorically denies that admission and said he was suffering from flu over Hogmanay and not socialising in the pub.

Amendments made to libel

At the close of the day’s proceedings, fiscal depute Lynne MacVicar told the jury the Crown would no longer be seeking a conviction in respect of the allegations that Allan made threats in an effort to defeat the ends of justice.

She also deleted any mention of there being “previously evinced ill will or malice” with regards to the alleged assault involving the forklift.

A joint minute read to the court also agreed that the injuries were not life-threatening.

Allan, of Goryhill Farm, Alford, denies assaulting Mr Stuart to his injury and permanent disfigurement and danger of life. He also denies two charges of behaving in a threatening or abusive manner.

The trial, before Sheriff Morag McLaughlin, continues on Monday.

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