Former Wick man avoids jail over 'insidious' campaign of abuse against ex
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A Caithness man who conducted "an insidious" campaign of stalking and abuse against his ex and her new partner has avoided a jail sentence.
Alan Bain (34) was instead ordered to carry out 250 hours of unpaid community work while under supervision.
At the Wick court on Friday, Sheriff Donald Ferguson also banned him from approaching his victims' new home and having any contact with them.
The sheriff said that having taken various factors into account, he was satisfied that a custodial sentence was not required.
Bain was found guilty of stalking and abusive behaviour and breaching bail. He had pleaded not guilty to the charges.
The accused was found not guilty on some of the charges, including of bombarding the woman, who we are referring to as Miss X, with abusive messages and texts. He was also found not guilty of swearing and lunging at her during a village gala when she was pregnant.
The court was told that the offences occurred in a Caithness village and elsewhere in the county between 2019 and 2022.
The court heard during a nine-day trial that Bain intimidated his ex and her new partner, who gave evidence via a video link in a room above the main courtroom.
Miss X described her ordeal at the hands of Bain during their nine-year relationship when she was scared every day. She said that after she parted company with Bain it didn't feel as if she had actually left the controlling relationship, and she felt as if she was "walking on eggshells".
Summing up for the prosecution, Fiscal Sue Foard said that she suspected that the accused didn't believe he had done anything wrong and commented: "He doesn't see his actions as being criminal."
Miss Foard added Bain had not been truthful in his evidence and had "consciously or unconsciously" changed his story to present himself in a more favourable light.
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Solicitor Ruth Wallace told the court on Friday that Bain had subsequently moved to Aberdeen and had set up home with his new girlfriend. Bain was a high-earning marine engineer and was paying maintenance, weekly, for his children with whom he had had no contact for three years.
Miss Wallace said that Bain did have an insight into his actions and had removed himself from the village community, firstly to Wick and subsequently to a new life in Aberdeen with his new partner.
Passing sentence, Sheriff Ferguson, who saw a background report, said that there were "glimpses of insight, here and there" by the accused regarding what he had done and added: "Hopefully, these are not fleeting."
However, the sheriff added: "Behaviour of this kind can have a serious impact on other people and I find that to be the case here. Taking all the factors into account, notwithstanding that this was a very serious course of abuse and harassment – although not with any physical violence – I am persuaded that a prison sentence is not required."
Sheriff Ferguson referred to the consequences of Bain's actions and told him: "These were caused by you. You acted in a criminal way toward your victims and the impact on them was very severe."
The sheriff added: "It is time to have some insight into your actions. Stop the self-pity and blaming everyone else. Hopefully, you can recover from this and be a better person."
The non-harassment order prevents Bain from entering the street where Miss X and her partner now reside in Wick, and ban the accused from having any contact with them.
Sheriff Ferguson also ordered a review of Bain's progress in four months' time.
