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Arbroath man admits New Year’s Day fear and alarm charge

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An Arbroath man refused to leave his former partner’s house after turning up in the early hours of New Year’s Day.

Michael Sean Burry, 23, of St Vigeans Road admitted a charge of causing fear and alarm at Forfar Sheriff Court.

He admitted knocking on the door of his former partner whose address is in Russell Square, Arbroath, and demanding entry.

Burry then pushed the door open, knocking the woman over and entered the premises uninvited.

He later shouted, swore and acted aggressively by kicking and banging on the door and shouting through the letterbox.

Depute fiscal Bill Kermode told the court: “On the evening of December 31 the complainer and the accused were out in Arbroath separately.

“The complainer was home by 2.30am and alone when she heard knocking at the front door.

“The woman received a number of calls from the accused asking her to allow him into the house. She refused and asked him to leave.

“The accused started kicking and banging the door. The accused pushed open the door which struck the complainer causing her to fall back and land on the floor and went into the property.

“The complainer again asked the accused to leave and attempted to push him out of the house. He refused and sat down in the living room.”

Mr Kermode said the accused left of his own accord at around 4am.

He continued: “Before leaving he stated ‘I hope your next boyfriend kills you’.

“The complainer then closed and locked the door. Shortly afterward the accused began kicking the door again in an attempt to regain entry.

“A nearby neighbour heard this and called the police. Burry was detained at 4.50am where he was taken to police headquarters and made admissions to most of his conduct though he denied kicking the door.”

Defence agent Nick Whelan described the relationship as “on and off” and stated that Burry had received a text message of a “pleasant nature” from his former girlfriend earlier that evening.

“I think he picked up the wrong signals,” he said.

“The comment he made as he was leaving was not threatening.”

Responding, Sheriff Pino Di Emidio said: “It may not be threatening but it was very unpleasant.

“Even if he misunderstood it must have been pretty clear to him that he was not welcome when he got there.”

The sheriff told Burry: “The offence to which you pled guilty causes me considerable concern because of its sustained nature and unpleasantness.

“It should not be necessary for your former partner to put up with that.”

He deferred sentence for six months for Burry to be of good behaviour. The case will call again on July 12.