Sheriff Court round-up – published September 7, 2017

Jedburgh Sheriff Court sign.
Jedburgh Sheriff Court sign.

Death threat to family

Driving while disqualified resulted in a Hawick man being banned from the road for 12 months.

Neil Gibson, 29, took the vehicle out of a lock-up to repair it on two occasions on April 10 – it was only a short distance, but the matter was reported to police. He was also found to have no insurance.

Gibson, of Robson Court, also appeared on a separate complaint regarding a domestic matter on May 21.

During the row with his partner and mother-in-law, he warned them if the police took him away he would burn the house down, kill their family and slit a man’s throat.

He was put on the Caledonian men’s programme for three years.

Dangerous driving trial

A motorist has been accused of causing serious injury to two pensioners in a road accident by dangerous driving.

David Fielden, 63, denies crossing into the opposite carriageway and negotiating a bend on the wrong side of the road before colliding with another vehicle, pushing it onto a grass verge.

The charge states that a couple aged 80 and 79 were seriously injured following the incident on the B6399 between Hawick and Newcastleton on October 15.

Fielden, of Dersingham, Norfolk, will stand trial at Jedburgh Sheriff Court on October 31, with an intermediate hearing on October 2.

Accused admonished

A man who admitted a charge of threatening or abusive behaviour over the course of three days at a house in Jedburgh has been admonished at the town’s sheriff court.

Simon Granito, 41 – now living at Sutton Courtenay in Oxfordshire – threw items around a house in Lothian Road, Jedburgh, and damaged a television and furniture last June.

Sentence had been deferred for six months for good behaviour and after the court was told he had not come to the attention of the authorities, he was admonished.

Cannabis criminal

A Kelso property was searched after police noticed an overwhelming smell of cannabis.

Rodoslaw Farbis, 32, was found in possession of two cigarettes which contained herbal matter.

But Jedburgh Sheriff Court was told that a search of the house in Inchmyre recovered drugs with a value of between £700 and £800. However, it was accepted he had a substantial habit and was not supplying, despite the quantity recovered.

Mat Patrick, defending, said his client’s last two convictions had made him pause for thought.

Imposing a £350 fine, Sheriff Peter Paterson told him: “Whether you like it or not, it is an offence to be in possession of cannabis in this country.

“If you are back before me the matter will be treated differently.”

On trial for drink-driving

Dawn Williams, 34, of Queens Croft, Kelso, will stand trial at Jedburgh Sheriff Court on November 2 on a drink-driving charge.

She denies driving on the B6352 between Kelso and Town Yetholm on July 28 with a breath/alcohol count of 61 microgrammes, the legal limit being 22.

An intermediate hearing has been fixed for October 2.

Takeaway attack trial

A 44-year-old man accused of assaulting a Hawick takeaway customer will stand trial next month at Jedburgh Sheriff Court.

Akif Maybasilgan, of Fraser Avenue, Hawick, denies punching a teenager in the face to his injury.

The offence is alleged to have been committed in the Caspian Takeaway in Howegate on June 28.

A trial date was set for October 31, with an intermediate hearing on October 2.

Exposure allegation

A Kelso man has been accused of exposing his genitals in a sexual manner towards a woman and performing a sex act in front of her.

William Murphy, 61, of Inchmyre, denies the offence which is said to have happened on several occasions between July 20 and August 12.

A trial date has been set for December 12 at Jedburgh Sheriff Court, with an intermediate hearing on November 13.

Kelso rugby club ban

A 43-year-old man has been banned from entering Kelso rugby club until the outcome of his trial.

Thomas Orr, of Oakfield Court, is alleged to have struck a man on the head to his severe injury inside the premises on June 2.

A trial date has been set for November 2 at Jedburgh Sheriff Court, with an intermediate hearing on October 2.

Woman denies six charges

A Kelso woman appeared from custody at Jedburgh Sheriff Court and denied six charges.

Sharon Smith, 38, pleads not guilty to four assaults, behaving in a threatening or abusive manner, and damaging a car.

The offences are alleged to have been committed in Orchard Park, Kelso, on Saturday.

A trial date has been set for November 16, with an intermediate hearing on October 15.

Private appearance

A 51-year-old accused appeared in private at Jedburgh Sheriff Court facing an allegation of assaulting a man to his injury following an incident in Galashiels at the weekend.

Samuel Wightman – who gave an address in Newtown St Boswells – is also charged with possession of an offensive weapon.

The alleged offences are said to have taken place in Glendinning Terrace on Saturday.

Wightman made no plea and the case was continued for further examination. He was bailed.

Driver crashed into tree

A Jedburgh motorist who crashed into tree after losing control of his vehicle was more than double the drink-drive limit, the town’s sheriff court has been told.

Stewart MacPhail, 77, of Bongate Gardens, pleaded guilty to driving with a breath/alcohol count of 57 microgrammes – the legal limit being 22.

The offence happened on the unclassified road between Kalemouth suspension bridge and the A698 Kelso-Jedburgh route on March 31 around 10pm.

The former retained firefighter sustained an injury when his head struck the windscreen.

Maureen Sinclair, defending, said her client had blacked out before the bend where the crash had taken place and had voluntarily stopped driving since then.

MacPhail was fined £250 and banned for 18 months.

Specimens of breath case

A 53-year-old woman has denied failing to give two specimens of breath at Hawick police station after being suspected of drink-driving.

Mary Anderson, of Roxburghe Place, Newtown St Boswells, denies the offence which is said to have happened on May 2.

It is claimed Anderson was driving at Station Yard in Newtown St Boswells earlier that day.

A trial date has been set for October 3 at Jedburgh Sheriff Court.

Breached bail conditions

A council cleaner breached a court order not to have any contact with her son by delivering bedding to the flat he had moved into near her Galashiels home.

Yvonne McConnell, 49, pleaded guilty to breaking her bail conditions on July 24 – just over a month from when they had been imposed at Selkirk Sheriff Court.

The court was told her 30-year-old son, Glenn Noble, had moved into a relative’s property in Halliburton Place, but had no bedding.

The mother was spotted delivering a rolled-up duvet and a bag of clothes to his home.

Prosecutor Tessa Bradley said the pair were on bail for a drug-related case which has still to be resolved.

Defence lawyer Robert More said: “She felt morally obliged to provide bed clothing for her son.”

Noble’s not-guilty plea to a similar charge was accepted by the Crown.

First offender McConnell had sentence deferred for six months for good behaviour.

Unpaid work for shoplifter

A Galashiels man who admitted shoplifting from a chemist’s shop has been ordered to carry out 90 hours’ unpaid work at Selkirk Sheriff Court.

George Tunnicliffe, 56, of High Street, committed the offence which happened at Boots Pharmacy in the town’s Huddersfield Street.

The court heard he had an appointment with a pharmacist for his methadone when he carried out the offence, but was challenged by staff and the items were all recovered.

Sheriff Derrick McIntyre described the crime as “feckless”.

Tunnicliffe, who is a carer for his brother, told the court: “I don’t know why I did it.”

The sheriff gave him 12 months to complete the unpaid work.



A warrant has been issued for the arrest of a Hawick man who failed to appear in court to answer drugs charges.

Danny Sharkey, 24, is accused of being concerned in the supply of cannabis at his Galalaw Road home on February 8 and being in possession of ecstasy.

He faces a third charge at Jedburgh Sheriff Court of having an air weapon without a certificate.