The case against an Angus man accused of assaulting a cyclist in a “classic road-rage incident” has been found not proven.
Kirriemuir man Garry Shepherd had faced charges alleging that he drove carelessly in overtaking Angus Bike Chain member Ian Ryan before pushing him off his bike and assaulting him.
But on Tuesday Forfar Sheriff Court heard Sheriff Valerie Johnston give a verdict of not proven regarding the assault charge, after the Crown dropped its case for careless driving.
Mr Ryan, 49, said he was taking a £7,000 bike out for only the second time on May 25.
The court heard the silver Volvo S60, with personal plates, had been behind the bike in Cortachy Road, Kirriemuir, for around 90 seconds before overtaking.
Mr Shepherd then stopped in the road and an altercation between the men began.
Mr Ryan said he was pushed off his bike before he was knelt on and “four or five” punches thrown at his face.
He claimed this came after the accused said “cyclists shouldn’t be on the roads”, and was verbally abusive.
The court also heard evidence from a passenger in Mr Shepherd’s car, a couple who were driving in the vehicle behind and PC Rory Forge, who took Mr Shepherd’s statement.
Depute fiscal Jim Eodanable put it to Mr Shepherd that he was angered by the cyclist’s position in the middle of the road, which he had taken in order to avoid potholes and potential damage to his rigid-frame bike, which he had bought after “a few years of saving”.
Defence solicitor Lee Qumsieh said the testimony of passers-by, and of Mr Shepherd’s mother-in-law in his passenger seat, was evidence that Mr Ryan had gesticulated rudely on being overtaken, and an oncoming vehicle was not forced to brake sharply during the overtake.
Answering to the charge of assault, Mr Shepherd said: “I did push him on his (bottom), but that was after he put the head on me it was self-defence.”
The 39-year-old, of Roman Road, claimed the cyclist seemed to “revel” in causing an obstruction, rather than being mindful of the road.
Sheriff Johnston said: “This is a classic road-rage incident. I accept the cyclist did make these rude gestures, which stemmed from some slight he felt he suffered from the driving, (but) I don’t consider the evidence sufficient to support a charge of careless driving.
“I am certain that they were both face to face, shouting at each other.”
The sheriff added that the evidence was not sufficient for a “definite conclusion”.