Man walks free from stalking rap

Ex-wife’s evidence casts doubts over charges

A Stirling man was this week cleared of stalking his estranged wife after the city’s sheriff court heard how she sent him abusive text messages and referred to him at home as a “fat ginger b*****d”.

Michelle Russell claimed she was afraid of Fraser William Kenneth Russell who denied a charge of placing her in fear or alarm between November 15 and December 31 2014.

Finding him not guilty, Sheriff John Halley told Mr Russell: “I have heard evidence in short compass in relation to this allegation against you.

“I have no hesitation in saying I don’t find it to be proved.

“I have great difficulty in believing or relying upon the evidence of your former wife.

“Can I say this - expressing myself to Mrs Russell - I have heard really concerning evidence and I fully intend to draw aspects to the attention of the local authority social work department.”

He said it was “wholly unacceptable” youngsters had been exposed to the language and material they had been exposed to, based on the evidence given in the case.

He added that the wife’s actions were “potentially abusive”.

The court heard that the Russells separated in January 2014 after around 20 years together, 10 of them married.

They had two children, now aged 14 and 10.

Mrs Russell, who lives in Bannockburn, alleged her former husband had driven his car back and forth past The Peak sports centre last November, and had sounded his horn as she went out to her vehicle, shouting something out of the window.

She also said he called her at work and referred to her new partner, saying “he better not be living in that house, or I’ll be doing something about it”.

And she claimed he pulled his car alongside hers on Pitt Street last Christmas Eve, gesturing to her and family members, placing them in distress.

Mrs Russell had told the court she wanted nothing to do with her husband after he left the family home in January 2014, and that she’d blocked his number from her mobile phone.

But defence solicitor Frazer McCready produced a print out of several messages sent by Mrs Russell to her husband via text and Facebook.

He said: “You refer to him as what?”

She replied: “As a fat, ginger b***** d, cos that’s what he is to us. He’s made our lives a total misery.”

He also read out a text sent last Christmas Eve where she called him a “piece of sh**” and told him to “shove the Christmas presents right up your ar**”.

Mr Russell, 35, of Old Harbour Square, Stirling, was found not guilty of engaging in a course of conduct which caused Michelle Russell fear or alarm.

The charge also outlined that he did repeatedly drive past her and sound his horn, wave at her, follow her within her motor vehicle and make offensive gestures towards her, repeatedly telephone her and leave voicemail messages and call her, shouting and swearing and uttering threats of violence.

I have great difficulty believing or relying upon the evidence of your former wife

Sheriff Halley