Wick man 'scared' by actions of his partner's ex, court told
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A Wick man claimed he was twice threatened by his partner's ex, who is facing a stalking charge.
Derek Falconer (38) said that Mark Falconer – no relation – told him: "You're dead...you're dead" on two occasions.
He said the threats were part of a series of encounters he and his partner, Nicola Swanson, experienced between June 2021 and May 2022.
Giving evidence at Wick Sheriff Court on the second day of a trial on Tuesday, Derek Falconer said he felt "intimidated" and "scared" by Mark Falconer's attentions and added: "I seemed to be constantly looking over my shoulder."
Mark Falconer (38) denies an amended charge of engaging in a course of conduct that caused Derek Falconer and Miss Swanson fear and alarm and has entered a special defence of alibi.
A plea of not guilty to a second charge of breaching a non-harassment order was accepted by fiscal David Barclay.
Derek Falconer supported evidence given earlier by his partner about encountering the accused in a car being driven by another man at Helmsdale on June 1.
He said he saw them "kind of staring at us" while parked outside a chip shop when they made a toilet stop during a journey north then later spotted the vehicle directly behind them on the A9.
He said he felt it "intimidating".
He said Miss Swanson dropped him at his house in Wick and later he observed a car similar to the one owned by the accused driving past his house several times.
He described other incidents including one where he was followed by Mark Falconer to Wick Tesco supermarket – where he worked and from which Mark Falconer was banned.
He said Mark Falconer pulled up beside him the car park and shouted 'You're dead...you're dead'.
On another occasion he arrived at work to be told Mark Falconer had been seen in the car park – confirmed in CCTV footage.
He said he was "scared".
He also identified on CCTV footage Mark Falconer as the person who appeared at his house, in the early hours, on two occasions and caused damage including smashing windows and describe an incident on October 6, 2021, in which he said the accused visited him at his home
"I was in my driveway but I could not get out of my vehicle because I was right next to a wall," he said. "Mark was banging on top of my car and shouting 'You're dead...you're dead.'"
Derek Falconer said he reversed out of his driveway and knocked down part of his neighbour's wall on the other side of the road.
Mark Falconer denied shadowing Derek Falconer and Nicola Swanson at Helmsdale saying he and a friend had earlier travelled south to play golf at Brora and stopped at Helmsdale on their return journey. He said they were not deliberately following Nicola Swanson's car after that.
He said the coal lorry he drove was one of four vehicles of the same make and appearance operated by the firm he worked for, and that his delivery route took him past their homes in the course of his rounds.
Mark Falconer denied having ever followed the couple and insisted the figure featured in the CCTV footage at Derek Falconer's home was not him.
Mark Falconer said that he did visit Derek Falconer's house on one occasion to speak to him about his (the accused's) daughter.
Mark Falconer said: "Derek didn't get out of his car and didn't speak to me. I think he got a little flustered and then came flying out of
his driveway across the road into a neighbour's wall."
He denied saying -"You're dead...you're dead."
The trial will continue on April 2.
