An Aberdeenshire councillor who was caught on camera grabbing another man by the throat has walked free from court without punishment.
Robbie Withey, a former Conservative councillor who is now an independent, shouted and swore at a man who had earlier been asked to leave a party at a property in Alford last April.
The 42-year-old admitted to behaving in a threatening or abusive manner but Justice Jacqueline Mann gave him an absolute discharge at Aberdeen Justice of the Peace Court on Friday.
A not-guilty plea to a charge of assault had been accepted by the Crown.
Councillor Withey – who represents Huntly, Strathbogie and Howe of Alford – said he was “relieved” by the outcome of the court case concerning the “unfortunate incident”.
And he said the absolute discharge means he will ” be able to continue working for the people of Alford without any impediment”.
Suspended from the Scottish Conservatives
Police were called to an address in Main Street, Alford in the early hours of April 9 2022, where an 18-year-old man was arrested and charged.
Councillor Withey was also later charged, following an investigation by Police Scotland.
He was suspended from The Scottish Conservative and Unionist Party after a video clip of the heated disturbance emerged.
The video recording, which started midway through the confrontation, was shared online.
It showed Councillor Withey moving towards a younger man before holding him against the wall by the throat.
Two other males, believed to be with the younger one, could be seen watching on.
The councillor was recorded shouting: “Speak to me like that again and I will put you on your f****** a***.
“And by the way, when I put you on your a***, it would be a prelude to putting you in the grave, you little f****** c***.”
He then strongly pushed the man, telling him to go away.
It is understood that police had already been called to the area when Councillor Withey became involved.
Councillor Withey’s party suspension ended his role as campaign manager for Conservative MP for West Aberdeenshire and Kincardine Andrew Bowie.
He was also forced to stand as an independent candidate as he sought re-election in the middle of the campaign to retain his seat in May 2022.
In a statement posted on his Facebook, Councillor Withey thanked his followers for their support and said he was “relieved” that his side of the story had now been heard.
“I’m relieved court proceedings over my involvement in an unfortunate incident last March have concluded today,” he wrote.
“It has been a long time and I’ve been unable to say anything in terms of a statement since, in order to let justice take its proper course.
“Today, for the first time, my side of the story was heard – not a 15-second video. This outlined the circumstances and why I got involved.”
He said his absolute discharge meant he can “continue working for the people of Alford without any impediment” and went on to thank the “hundreds” of people who had stood by him and sent letters of support to the court.
‘I want to put this behind me and move on’
“Also a huge thanks to all of you who wrote references, letters and statements to the court in support of me,” he continued. “Some of the letters literally did bring a tear to my eye.
“And to the young people of Alford in particular, I have always tried to provide you with a voice as a councillor, but in the aftermath of the incident, you became my voice and the support you’ve given me will never be forgotten.
“You all showed tremendous faith in me at last year’s election, despite this hanging over me. I have tried ever since to repay that faith by continuing to work hard for residents and the community as a whole.
“I want to now put this behind me and move on, getting back to what I’m best at, representing you, and looking to the future.”
Councillor Withey’s suspension from his former party remains in place, the Scottish Conservatives have confirmed.
A spokesman said: “Councillor Withey’s membership was suspended last year, and remains so until the conclusion of the Party’s disciplinary process.”
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