Inverness court told punch thrown in bus and van drivers' stalemate

A TREE surgeon was fined at Inverness Sheriff Court when he was found guilty of punching the driver of a service bus in the village of Auldearn.

Sheriff Ian Abercrombie heard how Seth Gill’s van, which was towing a woodchipper, was blocked at a traffic calming point by a bus bound for Aberdeen.

The bus had right of way, but in evidence the trial heard how the two drivers faced up to each other through their windscreens.

Gill got of out of his vehicle, remonstrated with the driver of the bus Graeme Macdonald, and assaulted him.

Gill (33) of Wyvis Road, Nairn, had denied assaulting Mr Macdonald at the traffic calming point on the east side of the village on February 24.

Mr Macdonald (30), a driver with eight years experience, described how he passed through the village about 3pm and reached the calming point on the outskirts of Auldearn.

He said he had the right of way and positioned himself into the middle of the road to go through the bollards but Gill’s van came round a bend.

"I had to slow down because the van kept coming," he told Sheriff Abercrombie.

"The van kept coming in stages until such a point we were (stationary) looking at each other through our windscreens."

The bus driver said words were exchanged and he told Gill to look at the signs. Gill, he said, got out of the vehicle and pushed his (Macdonald’s) arm from the driver’s cab back into the bus then went back into his van which he then drove forward and tried to squeeze through.

Mr Macdonald said there were vehicles backing up on both sides and he was not allowed to reverse his bus because he had passengers on board. He said the wing mirror of the van touched his bus as Gill tried to inch through and Mr Macdonald used his knuckles to push it away.

The witness said: "He (Gill) jumped out the van door and through the window he made contact with my cheek."

Mr Macdonald said he was not sure whether Gill had used his arm or his head.

"His head and top part of his body were through the window. We started to grapple. I realised I hadn’t put the handbrake on so I let him go. I had to stop crushing him."

Gill drove off and Mr Macdonald called the police on his mobile phone.

A passenger on the bus, Jean Mackenzie (59) who boarded at Inverness, said she saw a punch come through the bus driver’s window striking him.

Gill said he approached the bus driver and asked him to tuck into the side because he couldn’t reverse the trailer with cars backing up behind him.

He claimed Mr Macdonald punched his wing mirror and he went out to check to see if it was damaged. On the second occasion he got out of his van Gill said Mr Macdonald’s arms were waving about and "I pushed them back into the cab. In view of the fact he had punched the van I felt he was going to hit me."

Sheriff Abercrombie said he had to be satisfied beyond reasonable doubt to convict.

The Sheriff heard Gill had one previous conviction in 1999 for playing loud music. He imposed a £400 fine.