Jail for Moray Council tenant who knocked hole in ceiling
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A council tenant who knocked a hole in his ceiling because he thought his neighbour was making too much noise has been jailed.
Elgin Sheriff Court heard that Leslie Robertson and the woman had been at loggerheads for many of the eight years they'd lived above and below each other.
Matters came to a head at the property on Morriston Road, Elgin, during the evening of November 18.
Procurator Fiscal Sharon Ralph said: "The woman was at home on her sofa in the living room. She heard banging coming from below.
"She thought nothing of it and fell asleep. She was woken by louder banging which seemed to be coming from her bedroom.
"She saw the accused's head appear through the floorboards and heard him shout 'you old *******'.
"She told him she would call the police and he replied, 'on you go or I'll do it myself '.
When arrested, Robertson told police, "she has been a pain in the neck. I haven't been able to sleep at night."
The court heard that the 43-year-old defendant had used a broom handle to gouge a large hole in the ceiling of his flat.
Robertson pleaded guilty to acting in a threatening manner.
He also admitted wilfully damaging council property, although the size of the £2292 repair bill was disputed.
Robertson also admitted other offences relating to August 15, 2001.
The court heard that on that day the police went to a property on Masonic Close, Elgin, following reports of a disturbance.
Here they found Robertson along with James Shewan, a friend who he'd banned from seeing by the courts.
Both men were described as drunk.
Robertson repeatedly swore at the police officers.
At one point, speaking to of one of them, he said: "You, you big ****. You want to fight, don't you?"
Robertson admitted one charge of threatening behaviour and another of breaking a court order.
Defence solicitor Stephen Carty stated that the two men were a bad influence on each other.
The lawyer added: "I have represented Mr Robertson for many years and he has a problem with alcohol and illicit substances.
"However the frequency of his offending has grown less in recent years."
Sheriff Lindsay Foulis noted, though, that the defendant was only engaging "sporadically" with MIDAS (the Moray Integrated Drug and Alcohol Service).
Questioning how effective a community-based sentence would prove, the sheriff instead decided to jail Robertson for 10 months.
