A businessman who died minutes after a confrontation with his neighbour said he had been attacked with a dog lead, his son and daughter told a jury today.
Garage proprietor John Birrell, 55, passed away of a cardiac arrest moments after the clash with neighbour Hamish Towler outside their homes in Inverness.
The 66-year-old retired eye surgeon has gone on trial at the High Court in Inverness accused of the culpable homicide of Mr Birrell on August 17 2020.
On the second day of the trial, Mr Birrell’s daughter Georgia told the jury that in the minutes before his death her father said that Towler had struck him with a dog lead.
The jury was also shown mobile phone footage of a verbal encounter between the men that had been filmed by Mr Birrell’s son Jake.
Both families, a jury previously heard, had a long-running dispute involving several issues, including tree planting and fencing.
The Towlers live just yards away from the Birrells in the Blackpark area of the city.
Jake Birrell told the jury he was returning home in a van with his dad when they encountered Towler, who was walking his dogs.
The 21-year-old said Towler kept walking down the middle of the road despite them blasting their horn.
He claimed Towler ignored opportunities to step off the road to let their van pass.
Mr Birrell said the van was then struck on the bonnet by Towler’s dog lead.
He said: “Dad was in a fluster, rolled down the window and asked what he was doing.
“Dad got out and pushed Mr Towler on the chest with two hands and Mr Towler struck Dad across the face with the dog lead.
“He took a punch to Dad’s stomach and was pulling him away from the van in a lock, trying to get him down. Dad managed to break free.”
Video of encounter played to jury
The video was then played which showed the two men walking slowly down the road, making comments to each other.
“Dad said something about getting out of the way,” Mr Birrell said.
The jury then heard Towler saying that he had been hit first, with the late Mr Birrell replying: “If I had hit you you would f***ing know about it.”
The jury was told that the late Mr Birrell returned to his own house, sat down on a raised area of his patio, then fell backwards and died.
Cross-examined by defence counsel Shelagh McCall KC, Mr Birrell conceded he “exaggerated” to police a claim that Towler had thrown his father into a ditch.
Ms McCall said: “Mr Towler has never denied hitting your father with the dog lead, but could it have hit his shoulder or collar bone area, not his face?”
Mr Birrell replied: “I don’t know the answer to that question.”
He also confirmed he heard Towler say: “You tried to run me over.”
Daughter’s evidence
Georgia Birrell – who was 17 at the time of the incident – said she had returned from school and was in her bedroom when her mother, Yvonne, shouted to her: “Dad has been hit.”
Miss Birrell, now 20, told the jury: “I was taken aback and I raced downstairs. I went out to get a clear view up the hill.
“Hamish was at his entrance to his house and I could hear dad speaking to him – ‘Can we be civil about this, we are neighbours for God’s sake’.
“Dad shouted to mum ‘go on, phone the police’ then Dad said to us all ‘He has hit me, this is what he has done’.
“Jake and Dad were looking at the bonnet of the van. They said Hamish had hit the bonnet with the dog lead and that he had hit dad across the face with the dog lead and then the bonnet.
“Dad was flushed to the face and quite red. He sat down on the patio wall. He was breathing pretty rapidly.
“He looked at me and asked ‘has mum phoned the police?’ Then I saw my dad fall back. I was shocked. I shouted ‘Dad has collapsed!’
“A delivery driver, Ian Nelson, who dropped off a parcel, came to help and tried mouth to mouth. Jake did CPR.”
Retired surgeon denies all charges
Towler, of Carn Mhor, Blackpark, denies blocking the path of the Birrells’, hitting it with the dog lead, before striking Mr Birrell with it on the face.
It is stated Mr Birrell suffered a cardiac arrest and died as a result.
Towler also denies a breach of a bail condition restricting his movements on the access road.
Towler, who is represented by Shelagh McCall KC, has lodged a special defence of self-defence.
He claims Mr Birrell verbally abused him and punched him several times.
The trial, before Lord Fairley, continues.
