Hawick dad, 37, fined £100 for threatening 16-year-old boy with violence

Gary Bain is the first person to appear in court in connection with the unruly behaviour at Hawick High School that resulted in police officers being called in last year to restore order.

Bain, of Burnfoot Road, Hawick, pleaded guilty to a charge of threatening or abusive behaviour by threatening violence in the car park of the town’s Morrisons supermarket on August 30 last year.

Bain went up to a group of youths asking for the whereabouts of the 16-year-old, saying he was “gunning for him”, adding that “he’d better watch his back” and “his days are numbered”.

The police were called in after another member of the Bain family stormed into a classroom at the Buccleuch Road school and made threats towards the 16-year-old.

The victim was then sent home for his own safety.

A picture of the 16-year-old had also been posted on Facebook accompanied by threats.

Two versions of the circumstances behind the offence were narrated during the court case.

The crown said the 16-year-old had been picked on by a group of youths and had his mobile phone taken off him and, in the ensuing struggle to get it back, he pushed Bain’s 13-year-old daughter.

However, defence lawyer Ed Hulme said that Bain had been told that his daughter had been punched in the face by the boy.

Depute fiscal Tessa Bradley told the court that the 16-year-old was sitting in a car park near the school at 1.40pm on August 30 when he was approached by a group of youths and “some sort of disturbance” took place during which the boy had his phone taken off him.

She explained that there was a lot of taunting and teasing going on, and the phone was thrown onto the ground, and as he retrieved it, he pushed the 13-year-old girl.

Ms Bradley said the boy then went home in a distressed state.

That evening, three youths were approached by Bain in the Morrisons car park and he demanded to know where the 16-year-old was.

The fiscal said: “The accused made various threats.

“He told them to tell him he was gunning for him, he’d better watch his back and his days were numbered.

“He also said he would get others to help him.”

The youths were alarmed by the threats and reported them to the 16-year-old’s mother.

Ms Bradley said the next day, another member of the Bain family went into Hawick High School, found the classroom the 16-year-old was in and made various threats.

She added that the 16-year-old had to be taken home and the police then got involved after learning of the threats that Bain had made.

Mr Hulme said that Bain had been informed that his daughter had been punched in the face by the 16-year-old.

He said he made efforts to contact the boy’s mother via Facebook but got no response so he then attempted to go to the police.

Mr Hulme said that later on in the day, Bain was contacted by his daughter in tears and claiming she was being harassed by some boys.

He added: “He picked her up from the car park. Tempers were still running high, and he made these unfortunate comments.”

Sheriff Peter Paterson said people should not take matters into their own hands and highlighted the importance of having a court to decide on who is telling the truth.

Sheriff Paterson told Bain: “You don’t know what happened. Making judgements based on what you have been told by one person is not a good idea.”

He reduced a fine of £150 to £100 due to Bain’s guilty plea and the provocation involved.”