The widow of an Inverness garage boss who died of cardiac arrest after a confrontation with a retired eye surgeon has told a jury of bad blood between the pair.
Ophthalmologist Hamish Towler has gone on trial at the High Court in Inverness accused of the culpable homicide of 55-year-old John Birrell in the Blackpark area of the city.
It’s claimed Towler, 66, attacked Mr Birrell – who operated Birrell’s MoT and Service Centre – with a dog lead shortly before the fatal collapse.
Giving evidence on day one of his trial, Mr Birrell’s widow Yvonne told the jury her family “did not enjoy a good relationship” with the Towlers.
She said the two men had disputes in the past over things like tree planting, fencing and a septic tank.
Mrs Birrell said on the day of the incident, August 17 2020, she received a phone call from her husband and son, Jake, that they were about to arrive home for their evening meal.
She said she had gone outside to unlatch the gate when she saw her son’s van stopped on the approach road to the properties off Leachkin Brae.
She said Towler and his dogs were in front of the van and her husband was in the passenger seat.
Mrs Birrell, 57, said: “I saw the van had stopped and I knew something was kicking off.”
She told advocate depute Bill McVicar: “Mr Towler was in the middle of the road. Normally you would step on the side of the road. There were grass verges there.
“John got out of the van and he was struck with something – I believe it was a dog lead.
“I went to get my mobile phone to phone the police and shouted to my daughter Georgia that her dad had been assaulted.
“John stumbled but did not go on the ground. Then I saw Mr Towler aim a punch at John’s stomach but I couldn’t see from where I was standing (if it landed). Mr Towler’s dogs were running about.
“John put his hand up to protect himself – he obviously thought he was going to be punched again.
“Mr Towler carried on walking down the middle of the road and John said he was going to call the police.
“Mr Towler said ‘Yes, you get your f***ing police’. John was very angry.”
She said heard her daughter shout: “Dad has collapsed!”
“He was falling backwards and Jake and Georgia were trying to help him down,” Mrs Birrell added.
‘There was no love lost between them?’
Cross-examined by Shelagh McCall KC, Mrs Birrell confirmed that her husband had health issues and had had a heart attack in 2018 and a stroke about a year later.
Regarding previous disputes between the pair, Ms McCall asked: “They weren’t two men who could sit down with a cup of tea and talk it out?”
“Definitely not,” Mrs Birrell replied.
Ms McCall: “There was no love lost between them?”
“Yes,” came the response.
Ms McCall asked her: “Would you say your husband had a short fuse – quick to temper?”
“I wouldn’t say that,” the widow replied.
However, she agreed she told police in a statement: “John has a short temper – a quick temper. But he would never lift his hand.”
Ms McCall probed her on her earlier evidence that Towler had thrown punches.
“This is the first time you have said that,” the KC said.
Mrs Birrell replied: “I told the police.”
Mc McCall said: “Yet it has not been written down by the officer.”
Retired surgeon denies all the charges
Towler, a former consultant ophthalmologist, denies the culpable homicide of Mr Birrell.
It is alleged he obstructed the van to block it from passing and hit the vehicle with a dog lead before pulling Mr Birrell out.
The charge claims Mr Birrell was pushed across the road, punched and then struck on the face with the leash.
Towler is further accused of shouting and swearing at him.
It is stated Mr Birrell suffered a cardiac arrest and died as a result.
Towler also denies a breach of a bail condition preventing him from being on the road between 5pm and 6pm. It is alleged he drove along it a few weeks after being released on bail.
Towler, who is represented by Shelagh McCall KC, has lodged a special defence of self-defence.
He claims Mr Birrell verbally abused him and punched him several times.
The trial, before Lord Fairley, continues.