An angry camping park owner has found himself in court after he lost the plot with charity cyclists who had set up camp in his garden.
Graham Hay, who owns Feughside Caravan Park, clashed with the campers after they pitched up in the middle of the night in his private garden – despite clear signage.
The 49-year-old – who was described as a “gentle giant” – lifted their tent off the ground to wake the sleeping campers and then threatened to drag them out.
But despite pleading guilty to the offence, Hay was granted the highly unusual disposal of an absolute discharge, meaning the matter is not classed as a conviction and there is no punishment.
Sheriff Andrew Webster said a conviction would have a disproportionate impact on Hay’s business and life but warned: “Don’t be so stupid again.”
He added that being branded “the angry camping park owner” by the press should deter him from further offending.
Fiscal depute Andrew McMann told Aberdeen Sheriff Court the two complainers were friends who were cycling around Scotland to raise money for charity.
He said: “At 1am on August 24 2021 they arrived at the locus having spent the day cycling and pitched their tent.
“Unknown to them, the property was owned by the accused.”
‘Red mist settled when individuals went beyond the red lines’
Mr McMann went on: “At approximately 8.30am, both complainers were asleep inside the tent when the accused approached and began to shake the tent violently, resulting in both complainers moving around and waking up.”
Hay repeatedly ordered the pair to come out of the tent and “threatened to drag them out”.
On leaving the tent, the cyclists saw that Hay had thrown several of their possessions around, damaging them.
Mr McMann said: “He continued to shout and swear at both of them and threatened to assault them.
“He stated he was going to go back home to get a knife in order to cause damage to the tent.”
Hay then went back to his car and the charity cyclists moved off the land.
The matter was reported to the police and Hay told officers: “I shouted and cursed at them because they couldn’t see a sign.
“They were quite cheeky towards me and one didn’t say anything at all.”
Hay, whose address was given as the Feughside Caravan Park, pled guilty to behaving in a threatening or abusive manner.
‘There was aggression on both sides’
Defence agent Gregor Kelly said his client, a father-of-one with no previous convictions, had a firearms licence which, along with the caravan site business, would be affected by a conviction.
Mr Kelly explained the caravan park was around 100 yards from Hay’s private garden and was “clearly marked”.
He said the cyclists “would have been welcome” had they got in touch with Hay, adding: “There are often charity cycles that come over the Cairn O’Mount. Often he’s offered free accommodation.”
The solicitor said the land had been abused by others in the past, with fires lit and rubbish and waste left behind.
He said that on spotting the tent and a smoking fire Hay went to intervene.
Mr Kelly said: “He went down in his 4×4, stopped and does accept he picked up the tent, removed the guy ropes and gave it a shake. It was about a foot off the ground.
“He would describe himself as a gentle giant, but clearly he’s an imposing character.
“He does regret his conduct.
‘The press will no doubt identify you as the angry camping park owner’
“Despite being a large gentleman, he’s a very nervous man and has found this very difficult.
“It’s unfortunate these young men chose to camp in this way against the background of disruption to his property. Perhaps both parties could have conducted themselves in a more favourable light.
“It has to be said there was aggression on both sides.
“Clearly he’s risen to the occasion but it does appear to be a one-off.”
Addressing Hay directly, Sheriff Webster said: “Mr Kelly has been most eloquent on your behalf.
“Clearly the red mist settled when these individuals went beyond the red lines and that’s going to be a red mark on you.
“The question is whether or not it’s appropriate to admonish you or whether an absolute discharge would be appropriate.”
The sheriff opted to grant an absolute discharge, meaning the matter is not classed as a conviction and does not go on Hay’s record.
However, he warned: “Don’t be so stupid again.
“I’m sure the press will no doubt identify you as the angry camping park owner and that may be sufficient encouragement to you to amend your behaviour in future.”
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