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Grandfather and son jailed for hitting woman with van in Kinross-shire Traveller site dispute

Edinburgh High Court.
Appleby was sentenced at the High Court in Edinburgh.

A grandfather and his son have been jailed for hitting a woman with a van in a life-threatening assault at a Traveller site.

Elizabeth McGregor, 51, was forced to crawl under a caravan moments after being struck by the vehicle at Crook of Devon, Kinross-shire.

She managed to scramble out and get to her Mercedes C200 but as she was getting ready to escape, the van hit the passenger door of her car.

Mrs McGregor fled and drove herself to Perth Royal Infirmary’s Accident and Emergency department for treatment.

Edinburgh High Court heard how the police managed to track down her assailants – 23-year-old van driver Hugh McPhee Jnr and his dad Hugh Snr, 57.

Van smashed into victim

The story emerged after McPhee Jnr, of Laurencekirk and McPhee Snr, of Kelty, pled guilty last month to assaulting Mrs McGregor to the danger of her life.

Sentence had been deferred for the court to obtain reports on their backgrounds.

Describing the assault, prosecutor Shanti Maguire told the court: “She could hear that the sound of the van’s engine was revving excessively.

“Elizabeth McGregor saw the van move forward and felt it strike her hip and leg on the left side of her body.

“As a result of the impact, her left elbow made contact with the bonnet of the van.

“Following the impact, the van stopped suddenly.

“This caused Elizabeth McGregor to slide off the front of the van and hit the ground.

“She managed to get back to her feet and position herself behind her caravan.”

She saw the van reverse and move forward again.

Collision before victim escaped

Ms Maguire said: “To avoid being struck again, Elizabeth McGregor dropped to the ground and crawled under the rear of her touring caravan.

“Elizabeth McGregor managed to make her way from under her caravan to her car.

“On getting inside and starting the engine, she felt an impact, as the van driven by the accused Hugh McPhee Junior struck the nearside passenger door of her vehicle, a black coloured Mercedes C200 motor car, with the front of the van.

“Elizabeth McGregor managed to drive away from the locus in her car.

“She made her way to Perth Royal Infirmary’s Accident and Emergency department.”

Dispute over caravan pitch

Ms McGuire told the court that the origins of the potentially lethal assault arose from an argument Mrs McGregor had with Mr McPhee Snr.

The pair were staying at a site for the travelling community in Crook of Devon and fell out over McPhee’s decision to place a caravan close by.

The court heard Mrs McGregor believed McPhee did not have any right to place a caravan at the spot.

Judge Lord Beckett heard how, at 10pm on October 8, 2019, Mrs McGregor was about to go away from the site to attend a family funeral when she saw McPhee Jnr and McPhee Snr.

Ms Maguire said: “Both accused were screaming ‘whore… prostitute’.”

Both assailants jailed

McPhee Snr’s lawyer Raymond Mcllwham said his client has five adult children and 17 grandchildren.

“He accepts that his drinking up to and after the offence was extremely problematic.

“He is now of a different demeanour, having spent the past few weeks in custody.”

McPhee Jnr’s advocate Niall McCluskey said: “He has significant remorse.

“He accepts full responsibility for the offence.”

Passing sentence, Lord Beckett told McPhee Jnr he took into account that he had expressed remorse but told his father: “This was a serious crime using a van as a weapon and the court takes a serious view of using vans as weapons and the appalling injuries that they can cause.

“Your appalling words and actions show that you bore animosity towards your victim, a neighbour, a woman of 51.”

Lord Beckett jailed McPhee Snr to four and half years for the attack.

His son was given four years and two months.

McPhee Snr was banned from driving for five years and his son for four and a half years.