Unpaid work for hammer man

Brandished weapon in disturbance

A drugged-up Stirling man who armed himself with a hammer during a dispute with a neighbour has been ordered to undertake unpaid work.

Robert McPake, 37, whipped his top off and told the man he was going to “get f ****** done” during an alarming disturbance on Menzies Drive on March 12.

The 37-year-old, who now lives on Beattie Avenue, shouted, swore and uttered threats of violence towards his victim before making racial, abusive and derogatory comments.

He also assaulted the man, who is understood to be a former South African police officer, by striking him on the body and brandishing a hammer. This dispute comes on the back of a period of ill-feeling between the neighbours.

Stirling Sheriff Court this week heard how McPake thought he had heard the complainer threaten him with a gun during the ordeal – but it later emerged the neighbour had simply told his wife to call for the armed response police and “tell them to bring their guns”.

On the afternoon of the day in question, the red mist descended over McPake after he overheard the neighbour speaking to his partner in what he deemed to be an unacceptable manner.

He became very angry and approached the man before taking his top off, throwing it to the ground and challenging him to a fight.

McPake shouted “don’t f ****** talk to my woman like that” and “you’re getting f ****** done” before approaching the man and striking him on the chest with an open palm. He then backed away.

At this point the witness shouted on his wife to contact the police. As she was doing this McPake disappeared inside before reappearing shortly later armed with a hammer, and still shouting abuse.

The complainer again shouted for his wife to contact the police, at which point McPake remarked: “F*** off back to your own country.”

Police officers attended and traced the accused nearby but without possession of the hammer.

He was taken away and when interviewed he said: “Just to check – did you find his gun he threatened me with?”

Defence solicitor Frazer McCready said: “When interviewed he indicated the complainer threatened to get a gun. His partner assures me that during the discussions there was a mention of a gun. The complainer was charged with an offence but the case didn’t proceed.

“Mr McPake heard an altercation involving his girlfriend, who is aged 19, and the complainer who is an older man.

“He felt the man was speaking aggressively to his girlfriend so he told him not to speak to her like that. He had been drinking, and had taken drugs, and he accepts that he handled things badly.

“At one point, on CCTV, the complainer can be seen shouting in to his house. Mr McPake said it was for his wife to get a weapon. At that point he went to get the hammer.

“He recognises he has had difficulties but he is dealing with this. He is now looking forward to the birth of his partner’s child next year.”

Sentencing McPake, Sheriff William Gilchrist said: “Whatever the background, your reaction was not appropriate and could have led to something much more serious.”

He was ordered to undertake 160 hours of unpaid work in the next six months.