Trial hears that alleged stalker was in Aberdeen, not Wick, on day of sighting
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A solicitor has successfully challenged a sighting of an alleged stalker and abuser whose trial resumed at Wick Sheriff Court this week.
Alan Bain's ex, who we are referring to as Miss X, and her new partner Mr Y were heading into Wick and claimed they observed Bain up ahead.
However, solicitor Ruth Wallace, for Bain, told the court on Tuesday that it could not possibly have been Bain as he was in Aberdeen on the date in question, and had lodged documents proving that.
Mr Y had previously stated in evidence that the date was October 14, 2021, but accepted this week that this was incorrect, due to his dashcam being out of date, and agreed that the correct date was November 3 the same year.
Bain (34), an offshore worker, denies charges of stalking and abusive behaviour and has submitted two special defences of alibi.
The court heard, previously, that Miss X left a "volatile", "abusive" and "awful" nine-year relationship with Bain in 2018, but continued to be dogged by him.
She complained that she was constantly on edge and felt as if she was "walking on eggshells". She claimed that Bain bombarded her with hundreds of "abusive and horrible" phone calls and texts and followed her when she was out in her car with Mr Y.
Miss X claimed that on one occasion, Bain told her: "I will always be watching you. I have eyes everywhere, I will always know what you are doing."
Cross-examining her partner, Miss Wallace challenged Mr Y about an occasion when he and Miss X met Bain in a park.
Mr Y was said to have accused Bain of being "a domestic abuser" and that the accused replied, "Yes, or yeah but it's she (Miss X) who has made me like that".
Miss Wallace asked: "If we hear evidence that no such thing was said by Bain, would you disagree with that?"
Mr Y replied: "Yes."
Miss Wallace claimed that Mr Y said he had corroboration of the domestic abuser remark and had always had it.
Mr Y also denied having told Bain in the park that he, Mr Y, was the fifth generation in his family to enter the police force and went on to add: "When I take up or pick up something, it always sticks." In fact, he was only the second generation in the force.
Mr Y said: "I don't remember saying that" and when pressed by Miss Wallace added: "I never said anything like that."
Mr Y said he told Bain in the park that he saw no reason why they couldn't be cordial even if they couldn't be friends.
Miss Wallace remarked: "The cordiality didn't last."
Mr Y became emotional at one point but declined the offer of a short break from Sheriff Ferguson.
Mr Y said that the case had impacted on him and Miss Y and added: "I didn't want my private life aired in court."
He rejected a suggestion by Miss Wallace that he and Miss X had "put their heads together" when preparing their statements to the police, to make sure these "married up".
The trial continues Wednesday, when defence evidence is due to begin.
Bain's address was given initially as a property in South Keiss, but he was said to have moved to Wick during the trial.
