Retired eye surgeon acquitted of culpabale homicide of neighbour as jury finds case not proven
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A RETIRED eye surgeon has been acquitted of causing the death of his neighbour following a heated row.
Hamish Towler (67) had been in the dock at the High Court in Inverness accused of the culpable homicide of John Birrell.
Prosecutors claimed the 55-year-old garage owner died due to a “cardiac event” after he was assaulted by Mr Towler on August 17, 2020.
Jurors heard evidence that the two had been arguing on the day in question after Mr Towler walked in front of and blocked the passage of a van that Mr Birrell was in with his son Jake while making their journey home.
The incident took place near their respective homes in the Blackpark area of Inverness.
However, a jury of seven women and seven men returned a unanimous verdict of not proven yesterday.
Speaking outside the court following the conclusion of the trial, Mr Towler said: “I am very happy with the verdict.”
Mr Towler was accused of obstructing the van, hitting the van with a dog lead, striking Mr Birrell in the face with the lead, shouting and swearing and seizing him after which, as a result, he suffered a cardiac arrest and died.
During the six-day trial, Mr Towler admitted hitting Mr Birrell with a dog leash but claimed it was in self-defence after being first assaulted himself.
At the outset of the trial his defence counsel lodged a special defence of self-defence.
During evidence it was said that Mr Towler and Mr Birrell were described to have had a difficult relationship as neighbours.
The High Court heard this had been exacerbated by another incident two days prior to Mr Birrell’s death when the same van – driven by his son – was said to have come within “six inches” of Mr Towler while he was mowing a grass verge.
Mr Towler further claimed during his evidence that he did walk in front of the van on August 17 and Mr Birrell got out and struck him several times in the back.
He then turned and used the dog leash to hit Mr Birrell – but claimed it struck him on his shoulder contrary to evidence given earlier in the trial from Mr Birrell’s family who said it hit him on the head.
Under cross-examination, when asked about the incident Towler said: “As a surgeon, one must remain calm in difficult situations. I was in fear for my own life.”
The court heard the two argued as they went down the road to their respective houses and Mr Birrell’s family phoned the police after Mr Towler had entered his property.
Mr Birrell died on the front porch of his house a short while later.
Towler was later arrested and charged with assault.
The High Court heard the two men had previously clashed “four or five times” including when Towler submitted planning permission for his property.
Mr Birrell’s family had to give evidence during the trial when they recounted seeing him being struck and then later collapsing and dying.
During closing speeches advocate depute Bill McVicar urged the jury to convict Towler of the charge against him.
Summing up the prosecution’s case, he said: “Would the use of a dog lead be an appropriate retaliation for a push to get him out of the way of obstructing the van?
“Should he have ran away? Of course he should have.
“This is a man who said in his evidence that he had spent five years trying to avoid a fight with John.”
Mr McVicar said the whole incident could have been avoided if Towler had “simply stepped aside” from the middle of the road.
The advocate depute added: “This altercation, this assault, led to this death.”
However, defence counsel Shelagh McCall KC focused on medical evidence about Mr Birrell’s health, calling him a “proverbial time-bomb” health-wise.
Speaking to the jury, she said: “Ladies and gentlemen, what happened here on the day no-one would expect to end up in the High Court.
“It was the result of a fatal cardiac arrest.
“But if you’re unlucky enough to end up in an incident with a proverbial time-bomb then you might very well end up in the High Court.”
There was no reaction in the courtroom when the jury delivered their verdict, which they took around two-and-a-half hours to reach.
Lord Fairley said: “You have been acquitted on charge one. You are free to go.”
The judge also granted an absolute discharge on a second charge that was a breach of bail matter and Mr Towler walked free.
