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Fife pensioner broke driver’s nose with walking stick in row over village’s communal land

James Logie has tended the land for years and was angered by a motorist's three-point-turn on it.

James Logie.
James Logie.

A pensioner broke a motorist’s nose in a row about driving over a patch of communal grass.

James Logie, 68, had tended to the “no man’s land” near his home for years and became enraged when Matthew Scott did a three-point turn that took him over the area.

After striking Mr Scott in the face with his walking stick, Logie asked if he wanted hit again.

Hit with walking stick

Kirkcaldy Sheriff Court heard the grass area served as a pedestrian cut-through between Dunolly Gardens and Leven Road in Windygates.

Fiscal depute Amy Robertson said: “The area of grass is next to the home address of the accused and he had tended to the area and kept it tidy for a number of years.

“The accused considered this grass to be part of his property but this is not strictly the case.

The strip of communal land linking Dunolly Gardens with Leven Road, Windygates
The strip of communal land linking Dunolly Gardens with Leven Road, Windygates, pictured in 2009. Image: Google.

“As Mr Scott drove at the locus he performed a three-point turn manoeuvre.

“At the same time the accused was out walking his dog and saw Mr Scott on the grass outside his house and approached the vehicle.

“He flashed a headlight he had on into the vehicle to signal Mr Scott to stop, which he did.

“Mr Scott lowered the window to speak to the accused and was immediately met with the accused being belligerent and angry.

“He stated something similar to ‘What are you doing? You’re on my grass’.

“Mr Scott advised that he wasn’t on his grass but moments after approaching the vehicle the accused swung his walking stick, which had a hard plastic head, towards Mr Scott.

“It struck him in the face on his nose, which began bleeding heavily.

“He exited the car and told the accused he had broken his nose.

“The accused held the walking stick in front of him and continue to swing it back and forth towards Mr Scott.

“He stated ‘Are you wanting it again? Your nose isn’t even broken’.”

Apology

Ms Robertson said, on being told the police had been called, Logie calmed and offered to let Mr Scott clean up in his house.

He also apologised repeatedly to Mr Scott.

His victim later had to have his nose rebroken by doctors to properly set it.

Logie, of Leven Road admitted the April 4 assault.

Public-minded community member

Solicitor David Cranston, defending, said his client is a public-minded individual who did not think he owned the land but tended the area because it benefited the local community.

He said the retired paper mill worker was “protective” of the area as a result.

“There is no suggestion that what he did was appropriate.

Kirkcaldy Sheriff Court.
The case was heard at Kirkcaldy Sheriff Court.

“There’s a green strip of grass between these two streets.

“It’s not owned by the council as far as anyone can ascertain, it’s not owned by the landowner (of a neighbouring field).

“It was neglected and he’s looked after it because it’s quite a useful cut through for people.

“There are problems associated with looking after it – people driving onto it becoming bogged down and he’s had to tow them out, including the police on one occasion.

“He did challenge Mr Scott, there was an argument between the two and he accepts it escalated quickly.

“All of his behaviour thereafter was contrition.

“He clearly very much regrets in the heat of the moment he allowed himself to do this.”

Sheriff Mungo Bovey fined Logie £1000 and ordered him to pay £500 compensation to Mr Scott.

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