A Lewis whisky distillery owner is on trial over charges he was aggressive to workers at an island sporting estate then associated with former High Court Judge Sir Peter Cresswell.
Mark Tayburn of Carnish, Uig, who is also a crofter denies the accusations. He is conducting his own defence at Stornoway Sheriff Court.
The 53-
Later that year, it is alleged he made threats of violence to crofter James Halbert in Ardroil, Uig, and verbally threatened to injure his livestock.
Another charge claims he tampered with two CCTV cameras on the roof of the Hamanavay lodge in March 2018.
Giving evidence, former estate employee Charles Andrews, 22, stated Mr Tayburn was the man he saw wearing a balaclava and herding cattle past the lodge.
He told procurator fiscal Susan Love: "He shouted to stop filming. He said he had personal rights which meant I couldn't film him.
"I filmed him as I was aware there was an ongoing disagreement over grazing for cattle."
He said he felt "threatened" when the man became "aggressive and angry" after he took out his camera.
During questioning by Mr Tayburn, the witness said he "gave the video to Peter Cresswell."
“On what basis do you think you were entitled to challenge,” queried Mr Tayburn.
“I don’t believe I spoke to you,” replied Mr Andrews.
“Were you told to challenge me,” asked Mr Tayburn.
Mr Andrews said the Cresswells told him "if you were doing anything like this, not to approach you but just film."
As he continued cross-
He added: "The only route to take cattle is past Hamanavay House."
He asked: "Do you accept the stick was just being held and not brandished."
Charles Andrews replied: "No. The stick was directed at me."
Mr Tayburn said the person filming had not moved away from the man.
The witness agreed the wind could be a reason for someone to wear a balaclava.
In her re-
Mr Andrews said he did not recall speaking to Mr Tayburn but had no reason to lie to the police.
Mark Cresswell, 46, former part owner of the estate, also gave evidence.
He told Ms Love he worked for an infrastructure fund in London and had been a one sixth shareholder in the partnership which owned the estate at that time.
Mr Cresswell said it was "unbelievably scary" to see CCTV footage from the main lodge of a “man in a balaclava on my roof -
The recording showed filmed the face of a person wearing a balaclava who had “climbed up scaffolding” and twisted the CCTV cameras to point skywards, he said.
The alleged incident was filmed in Spring 2018 though he only realised it happened when he viewed the footage that July he added.
He compared the clip of the man on the roof with a photo he had of Mark Tayburn with whom the estate had an "extremely strained" relationship he stated.
“The balaclava is loose fitting and you can see the face through it,” he told the court.
"There's no doubt in my mind" it was Tayburn on the roof he said.
The estate had "hundreds of photos" of him he told Mr Tayburn.
Mark Tayburn asked Mr Cresswell if he knew the lodge is "surrounded by common grazings" -
"No, it's not," stated Mr Cresswell.
"We've had numerous conversations about this topic."
Mr Tayburn -
Sheriff Gordon Lamont adjourned the trial to next month.
Islander accused of climbing scaffolding and tampering with CCTV cameras
18 September 2021
