A man assaulted a pensioner outside a supermarket in a row over parking.
James Boyle, 47, left a rude note on 65-year-old James Gardiner’s windscreen before removing the man’s spectacles and attacking him during a heated exchange outside Keith’s Tesco store.
At Elgin Sheriff Court yesterday, Boyle, of Culbrine Cottage, Banff, admitted charges of threatening or abusive behaviour and assault following the scuffle which happened on Friday, October 24, last year.
Fiscal depute Ruairidh McAlister said the drama unfolded after Mr Gardiner left his car in an area that was not officially designated for parking.
He explained: “When Mr Gardiner left the shop and returned to his vehicle he noticed the accused placing something on his windscreen.
“This turned out to be a note which read: ‘learn how to drive and park’, with an added obscene insult.
“The complainer was shocked and confused by this, and he looked towards the accused, who stuck his middle finger up at him.
“Mr Gardiner returned the gesture and entered his car.”
The fiscal said Boyle then approached the vehicle and “shouted and swore” at Mr Gardiner.
Mr McAlister added: “The accused leaned into the vehicle and removed the complainer’s glasses from his head and threw them onto the ground.
“He continued to shout and swear at the complainer until he contacted the police on his mobile phone.
“The accused then grabbed hold of Mr Gardiner, threw him onto the ground and kicked him several times to the body.”
The court heard that when Boyle was later arrested he said he had also been angered by Mr Gardiner’s driving on approach to the Moss Street store.
He said: “I agree I shouldn’t have done it, I only got involved because of his driving.
“He went out in front of me and through a red light.”
Representing Boyle, solicitor Steven Carty said his client only kicked Mr Gardiner’s hand in an attempt to displace his phone.
And he said it was “rather surprising” that social work reports did not highlight a need for Boyle to undergo psychiatric examination.
As an alternative to prison, sheriff Peter Grant-Hutchison placed Boyle on a one-year community payback order, during which time he is to “deal with anger management issues”.
