A man who attacked his neighbour with an axe following a long-running dispute has been told he must remain under supervision for 12 months.
Philip Gallacher, 51, was chopping kindling at his Avoch home when the neighbour, who had been ordered not to speak to him, emerged from his property and made a comment, sparking the incident.
He appeared at Inverness Sheriff Court for sentencing having previously admitted a charge of assault to injury relating to the events on January 26.
The charge detailed how Gallagher “repeatedly attempted to strike” his neighbour on the head and body with an axe and “struck him on the body with an axe” causing him to fall to the ground to his injury.
On a previous occasion, fiscal depute Robert Weir had told the court: “It was about 7.15pm on January 26 this year when the occupants of number 45 went outside to move a bin and have a cigarette.
“The accused was also outside and a verbal altercation ensued. Then he went into his house and came out with an axe. He was swinging it around and it struck his neighbour’s arm.
Axe ‘wrestled’ from accused
“The axe was wrestled from the accused and police were called.” Mr Weir added.
The court heard that the complainer had suffered a “small cut” on the arm as a result of the incident.
Speaking at the sentencing hearing, defence solicitor Rory Gowans told the court: “This is a serious matter, that is not lost on Mr Gallacher.”
He said that the offence occurred against a background of an ongoing neighbour dispute, during which Gallagher and his now-wife “did their best to try and do everything properly and through the correct channels”.
On the day in question, Mr Gowans explained, his client had gone into the garden to chop kindling when his neighbour, who was subject to a bail condition not to talk to Gallagher, made a comment.
“There was an exchange,” Mr Gowans said, before the events described ensued.
He added: “After two years of constant torment it is not acceptable, but perhaps understandable.”
Sheriff Matheson placed Gallagher, of Ormonde Terrace, Avoch, on a community payback order with 12 months supervision.
The court heard that an order for the forfeiture of the axe had been granted at a previous hearing.
