Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner.

Fife man, 82, cleared of assaulting pensioner neighbour in row over garden shears

Fife man, 82, cleared of assaulting pensioner neighbour in row over garden shears

An 82-year-old man has been cleared of assaulting his pensioner neighbour in a bizarre row over a pair of garden shears leaning on a fence.

Douglas Eglan faced an allegation of repeatedly spitting on neighbour Frank Cation, 67, repeatedly pushing him and causing him to fall the ground to his injury.

But a sheriff found the case not proven after a sheriff described one of Mr Cation’s falls, caught on CCTV, as a “dive that would earn a Premiership footballer a yellow card”.

Fiscal depute John Adams added: “Cristiano Ronaldo would have been proud of it.”

Dundee Sheriff Court heard the rowing neighbours had begun arguing on May 29 last year after Eglan saw a pair of garden shears sitting on a wire mesh fence between their gardens that he had installed.

The row escalated with Mr Cation and Eglan standing eyeball to eyeball over the fence – where Mr Eglan allegedly spat on him and pushed him over twice.

But the 82-year-old claimed he had simply blown in Mr Cation’s face to scare him off because he couldn’t move – and that he only lifted his hand to prevent Mr Cation pushing him.

The CCTV footage showed Mr Cation then taking a backwards fall moments later and lying flat on his back with his leg raised for several seconds.

He then jumped up and again confronted Eglan, before again taking a tumble on to the lawn.

Mr Cation’s wife, Davina Cation, told the trial: “Frank never touched him, there was just verbals.

“The shears had been pushed off the fence with his [Eglan’s] walking stick and that started it.”

Solicitor Cheryl Wallace, defending, said: “Mr Eglan walks with two sticks – he is not in great physical health. His position is he did not push your husband.”

Mrs Cation replied: “Frank walked away two or three times but Mr Eglan kept shouting and he went back to remonstrate.

“There was definitely a one-handed push.”

Miss Wallace said: “The fall looks exaggerated to me.”

She replied: “A fall is a fall.”

Mr Eglan later gave evidence in his own defence.

He said: “His face was half an inch from mine.

“I am as weak as a kitten – I couldn’t push him over.

“The CCTV camera had been put in a couple of days previously.

“I wanted his face away from me so I blew on him.

“It was all stage managed from the word go – that’s what made me angry.”

Fiscal depute John Adams said: “You are saying there were theatrics?”

Mr Eglan replied: “He did it deliberately just to incriminate me.

“I prevented him from pushing me and I had very good reason for doing so.

“His wife is a liar.”

In his closing argument Mr Adams accepted the second fall caught on CCTV was “theatrical” but said: “For a 67-year-old man to throw himself to the ground twice would be bizarre.”

Eglan, 82, of Stratheden Place, Auchtermuchty, Cupar, denied a charge of assault on summary complaint at Dundee Sheriff Court.

Sheriff John Rafferty found the charge against Eglan not proven.

Already a subscriber? Sign in

[[title]]

[[text]]

This article originally appeared on the Evening Telegraph website. For more information, read about our new combined website.