A would-be thief who spooked residents of an executive Forfar housing development with a night-time wander through their gardens claimed he was trying to tout for window-cleaning custom when confronted.
Kevin McKinlay had neither the tools of the trade or flyers for his business but was fresh out of jail and high on valium when the offence took place earlier this month.
McKinlay, of Strathmore Avenue, Forfar appeared from custody before Sheriff Gregor Murray at Forfar and admitted being found in the curtilage of two properties at Drummers Dell, Forfar on June 12 without lawful authority so it may be reasonably inferred he intended to commit theft. He breached the peace on the same date.
Depute fiscal Laura McGillvery said witnesses were in their living room at around 9.30pm when they saw the 37-year-old walk past the window.
“They didn’t recognise him from living in the street and then saw him at a neighbour’s home, walking past a vehicle in the driveway and then to the side door,” the fiscal told the court.
McKinlay was then seen trying the handle of the house door but was lost to sight.
The fiscal added: “At 9.32 the witness contacted police, and at 9.35 another witness saw the accused walk past her window onto the front drive. The witness was shocked because he must have jumped the fence into her garden.
“The witness shouted at him and the accused said he was starting a new business as a window cleaner and was handing out flyers, but he didn’t have anything in his possession.”
When the male householder said he would call the police, McKinlay responded: “Go ahead.”
Officers arrived soon after and McKinlay told them he had been at a house party at the time.
He was taken to Dundee police HQ but in the custody suite made an offensive remark towards a female officer.
McKinlay’s solicitor said the accused did have a record for analogous offences.
“His life has been a little confused of late. He recalls nothing of this offence,” the agent added.
“He hadn’t been long released from a custodial sentence, went to a party with a friend and had taken valium and was clearly under the influence at the time.”
Sheriff Murray told the accused that in the context of his record the offences were not “at the upper end of the scale”.
“However, this was aggravated by the fact you had just been released and were on a Community Payback Order.”
He jailed McKinlay for four months.
