A north-east farmer conned out of two Aberdeen-Angus bulls and almost £7,000 said he saw “no signs” he was being embroiled in a dodgy deal.
Hamish Sclater, of Denhead of Dunlugas farm, near Turriff, was targetted by convicted fraudster Samuel Boyd and left out of pocket to the tune of £6,930 after the cheques, meant as payment for the beasts, bounced.
Now, almost four years on, Boyd has been sentenced for fraud and ordered to pay Mr Sclater £7,000 in compensation.
And welcoming that news, his victim has vowed the dodgy dealer hasn’t taken away his faith in the “honest and reliable” farming community.
Farmer relives experience
“The deal took place in May 2018,” Mr Sclater told the Press and Journal.
“It was two Aberdeen-Angus bulls and he told me at the time he had bought an estate at Castle Douglas and asked would I keep the bulls until August. We agreed I would deliver them and he would pay for them at that time.
“Come August he said the property sale had fallen through and I was to send the bulls to Northern Ireland instead.
“It didn’t matter to me where I sent them.”
But after shipping the cows to Stirling and on to Northern Ireland, Mr Sclater soon realised he was two Aberdeen-Angus bulls down and with four bounced cheques to show for it.
He immediately sought legal advice and then contacted the police.
‘An honest and fair sector’
“I have been involved with cattle since I left school 50 years ago,” he added. “I’ve never heard of this before. It’s a most unusual set of circumstances.
“The whole agriculture world is generally a very honest and fair sector.
“You would sell bulls regularly to people and they would turn up and hand you a cheque before they go home.
“Having a cheque that bounces is most unusual.
“This was a different kettle of fish altogether.”
Mr Sclater, 64, said he had no reason to suspect Boyd was trouble when he pulled up to his 400-acre farm nearly four years ago.
“He turned up with a year old Range Rover. There was no sign I was dealing with somebody that was going to be doing this sort of thing.
“You take everybody at face value.”
An experienced breeder and seller
The breeder and show prize-winner of more than 30 years currently has 180 cattle at his Turriff farm, and regularly sells livestock for huge sums with some beasts fetching him as much as £20,000 in the past.
The two bullocks in question this time were sold for £3,000 and £3,800 with an extra £130 added to the invoice for the costs of Tuberculosis testing ahead of the transfer to Northern Irish soil.
Not put off, he says making a move to bank transfers or insisting on deposits would show a potentially insulting “lack of trust” in his fellow farmers.
Still dealing in cheques
“I have thought a lot about how I would avoid this sort of thing happening again,” he said. “I have learned but I haven’t really changed how I do things. Most folk are honest and reliable and the chances of me coming up against somebody like this again are slim.
“If you want you could say you want cash upfront, but we are old-fashioned.
“We’ve sold hundreds of bulls over the years this way. Any other might seem insulting or like you don’t trust people.”
Boyd told court he was an agent
In court, Boyd’s defence agent Debbie Wilson said her client, who previously served time for a similar offence, had been acting as an agent at the time.
“What my client stupidly did was not tell the seller that he was acting as an agent for the ultimate purchase,” she said. “He stupidly didn’t say the cheque hadn’t gone through.
“It’s a void of his own making because he was not open about being an agent for a purchaser.”
That’s a defence his victim found implausible.
“He continually sent texts to say he had been to the bank to get things sorted,” he added. “He left a ridiculous track for somebody to pursue.
“He may well have been a third party and he may well have turned the bulls over but if he did sell them on then presumably he was paid for them.
“Being a third party doesn’t make you void of your responsibilities.”
Farmer will get his dues at last
Boyd has now been ordered to pay him £7,000 in compensation during an appearance at Banff Sheriff Court.
“They’re saying that’s compensation, but that’s hardly the correct word,” Mr Sclater added.
“There’s no real compensation involved. What I’m getting is the value of the animals that I was due.
“I would have liked to see him jailed. I think he deserves it for what he did.
“But if he’s in jail he’s not earning and not able to pay it back.”
Told seller to wait at first
At Boyd’s sentencing, fiscal depute Ellen Barr said the fraud took place between May and October 2018.
“Essentially an agreement was made between the accused and the owner of the animals,” she told the court.
“The price was agreed then the accused advised the seller that he was in the process of purchasing an estate and therefore asked the seller to hold the livestock for a matter of months.
“He then told him that the estate sale had fallen through. The seller duly created an invoice and transported the livestock to a location agreed with the accused.
“The bulls were transported to Stirling then onwards again to Northern Ireland.
“Payment was made by cheque and that cheque was not honoured by the bank. Unfortunately, the seller didn’t receive payment.”
Boyd, previously of Buchan Street, Macduff, but now living in West Linton, admitted a charge of obtaining livestock by fraud.
Victim ‘should be recompensated’
Sheriff Frazer told Boyd: “You have previous convictions for something similar for which you received a custodial sentence in a different jurisdiction.
“I wouldn’t be wrong in doing that here but will stop short of that.
“The man affected should be recompensated for his loss as it seems the person that needs most looked after here is Mr Sclater.”
He ordered Boyd to carry out 240 hours of unpaid work, remain under the supervision of social workers for 18 months and pay back Mr Sclater £7,000 at a rate of £500 per month.
That sentence was imposed as a direct alternative to custody.
Sentencing welcomed by union
NFU Scotland regional manager for north-east Scotland Lorna Paterson said: “It is good news that through the work of Police Scotland and the courts, this member’s case is being resolved.
“However, it serves as a reminder to farmers and crofters that they must always remain vigilant as the threat from cybercrime, scams and fraud is on the rise.
“We hope that this conviction will serve as a deterrent to the criminals and a reminder to farmers to clarify payment arrangements before transactions are completed, particularly where the buyer is someone new.”
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