HIGH COURT IN INVERNESS: Retired eye surgeon gives evidence in his defence
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A retired eye surgeon claims he feared for his own life on the same day that he is accused of causing the death of a neighbour.
Hamish Towler (67) struck John Birrell with a dog leash during a row between the two men.
Prosecutors at the High Court in Inverness claim garage owner Mr Birrell later suffered a cardiac arrest as a result and died.
Jurors have already heard evidence from a medical expert that the 55-year-old had significant heart disease and that may have played a role in his death.
Towler took to the stand today to give evidence in his defence as the Crown case concluded.
He denies the culpable homicide of Mr Birrell on August 17, 2020.
He has lodged a special defence of self-defence
The court heard from Towler that Mr Birrell verbally abused him and punched him several times in the back during a row that broke out on a road leading to their respective homes in the Blackpark area of Inverness.
Towler told the jury that he had been out walking his two dogs when the Mr Birrell's van came up behind him slowly.
He said that two days prior the van – at that time driven by Mr Birrell's son Jake – had come around within “six inches” of him while he was using a lawnmower on a grassy verge near the road.
Giving evidence, Towler said: “While I was cutting the upper part, a van driven by Jake Birrell passed me by about six inches which seriously alarmed me.
“I felt it was to intimidate me.
“I was quite shaken.”
The High Court heard Towler reported the matter to the police but no action was taken.
Two days later, on August 17, Towler said he was out walking when Mr Birrell and his son drove up behind him and his dogs, which were off their leashes.
Towler said: “The van came close to me – just a metre.
“I was fairly apprehensive.
“As it did get closer I swung my arms around with the dog lead so it didn't get closer.”
Towler said, during evidence, that Mr Birrell had got out of the now stationary van to confront him as he was walking in the middle of the road blocking the route.
Towler claimed as he was walking with his back to his neighbour he felt multiple blows to his rear.
He then turned and used the dog leash to hit Mr Birrell – but claims it struck him on his shoulder contrary to evidence from Mr Birrell's family given earlier who said it hit him on the head.
Towler said: “He hit me on my back.
“I hit him with the dog leash.
“Just enough for him to feel it.
“He said: 'You hit me, that's assault'. I said no John, that's self-defence.”
Towler was later arrested and charged with assault that night at Burnett Road police station.
It then emerged Mr Birrell had died later that day.
The High Court heard the two men had previously clashed "four or five times" including when Towler submitted planning permission for his property.
The jury were also played an hour-long edited video of the police interview from August 18 when Towler again made claims of self-defence.
Defence counsel Shelagh McCall KC said: “Other than striking him with the dog lead, did you physically assault him in any way?”
“No,” replied Towler.
And when asked under cross-examination by advocate depute Bill McVicar if the August 15 close-call with the van had made the encounter on August 17 a “heated incident”, Towler said: “As a surgeon, one must remain calm in difficult situations.
"I was in fear for my own life."
Asked what Mr Birrell was like, Towler said he often seemed “angry” and would go "purple" with rage during many of their encounters.
Towler added: “He said to me 'why do I have the neighbour from hell?' I said 'touche John'.”
The trial before Lord Fairley continues.
