A Dundee businessman who broke into the home of his estranged wife’s new partner and assaulted him while brandishing a hammer was in turmoil over the break-up of his marriage, a court has heard.
Gary Harper, a leading figure in the regeneration of Dundee city centre in the 1990s, was sentenced to 150 hours of community service after Cupar Sheriff Court heard that he was suffering over the separation.
The 61-year-old, who was a director of Century 21 (Homes) and is now director of Fordlane Limited and Homespares Ltd, was also ordered to pay property surveyor Paul Letley £500 in compensation.
Harper, of Fairfield Road, Broughty Ferry, admitted breaking into Mr Letley’s home in St Andrews and assaulting him on June 29.
The businessman punched Mr Letley, bit his head and face and butted him.
There were children in the house at the time and Harper’s wife Sally, with whom divorce proceedings are about to begin, was in the shower.
Evidence was to be led on Wednesday over allegations that Harper later told Mrs Harper he would have killed Mr Letley, a senior partner with J&E Shepherd, had he not managed to get hold of the hammer.
However, Harper accepted he had made such a comment and the proof in mitigation hearing was abandoned.
Defending advocate Brian McConnachie argued the comment was irrelevant to the offence and told Sheriff Charles Macnair that Harper had still been angry when he made it just hours after the incident.
Mr McConnachie said, “The number of people who have used the phrase ‘I will kill you’ with never any intention of doing so is considerable. In the circumstances the comments were not excusable but were understandable.”
He added, “Those who know him seem to be unanimous in the view that this incident on June 29 was indeed an aberration caused by the break-up of his marriage and the uncertainty which he had about whether or not the couple were to resume cohabitation.”
Attempting to persuade Sheriff Macnair to deal with Harper by way of a fine, Mr McConnachie said, “He has been self-employed, working hard, making a good life for himself and his family, for a period of 40 years.”
He had never been in trouble, he said, and a monetary penalty would bring matters to a close allowing he, Mrs Harper and Mr Letley to get on with their lives.
Sheriff Macnair said the matter was too serious for a fine.
However, due to Harper’s age and limited previous convictions, he said he was prepared to impose a community service order as a direct alternative to jail.