Covert recording played to court

A Lewis man on trial told Stornoway Sheriff Court two people sought to "provoke an incident" for the benefit of a secret recording

Mark Tayburn of Carnish, Uig, denies two counts of threatening behaviour and a third charge of interfering with CCTV cameras at Hamanavay Lodge.

He was cleared of a fourth accusation of threatening an estate worker.

When the trial resumed last week procurator fiscal Susan Love asked two Ardroil crofters about a discussion with Tayburn in respect of the village fank being used for cattle without permission in October 2018.

A 35-minute-long mobile phone recording one of them made covertly was played in court.

A voice on the recording which the crofters said is Tayburn's makes a number of alleged insults, profanities and derogatory remarks.

James Halbert told Ms Love: "It was really terrifying for me. That's why I was shaking.

"He was so close up I could see the madness in his eyes.

"His spit was getting on me and he was pointing his finger at me."

In cross examination Mark Tayburn - who is conducting his own defence - said Mr Halbert tried to "provoke an incident" for the recording and "acted in a threatening and abusive manner" along with Mr Macritchie.

“I was on my own and frightened," when approached on a "lonely hillside by two people hostile to me."

He did not own the cattle concerned but was moving them for resident in another part of Uig he said.

During re-examination by the fiscal, Mr Halbert denied trying to provoke a reaction from Mr Tayburn.

Nor did he go to cause him fear and alarm while neither he or Mr Macritichie raised their voices, said the witness.

"Was Mr Tayburn aggressive, swearing and saying abusive comments towards you," asked procurator fiscal Susan Love.

"Yes," responded Mr Halbert.

Also called to give evidence was Christopher Macritche, 33, who said he accompanied Mr Halbert to speak to Mark Tayburn after being earlier prevented from using the fank due to the presence of cows.

He had set his mobile phone on voice record before the pair "made a very civil approach" to Mr Tayburn.

The fiscal referred to an alleged threat on the recording to inject "penicillin in sheep's" genitals.

"That would have an effect on the ram's fertility," said Mr Macritchie.

Mr Tayburn's behaviour was "pretty intimidating," he added.

He asked if "we wanted to go up the hill for a square go."

During questions to the witness, Mark Tayburn said Mr Macritchie made "scurrilous" remarks against him and the cattle owner on Facebook.

Mr Macritchie agreed Tayburn was leading the cows up a hill when the pair approached.

Sheriff Gordon Lamont adjourned the trial to December when Mr Tayburn is expected to call defence witnesses.

Covert recording played to court

19 October 2021