A Rosehearty man who once drove a digger through a shop during an ATM robbery demolished his own defence in a similar style when he took to the witness box and admitted assaulting his neighbour.
Duncan Elrick had been standing trial at Peterhead Sheriff Court but changed his plea to guilty after telling the jury: “I never said this was self-defence.”
The 42-year-old’s candid confession came despite earlier lodging a special defence of self-defence.
Elrick and neighbour Michael Kennedy came to blows on February 26 last year after Elrick’s wife and Mr Kennedy’s daughter became embroiled in an argument over a DVD.
Elrick was jailed in 2019 after he drunkenly stole a trigger and crashed it into Keith’s Spar store in an attempt to steal money from the bank machine.
Giving evidence about the alleged assault on his neighbour, Elrick told the court he had only gone outside after his partner claimed that Mr Kennedy shouted abuse at her.
It was claimed in evidence that Mr Kennedy branded her a “Skeletor-faced cow”.
However, under cross-examination, Elrick’s story of defending himself promptly unravelled.
Accused describes ‘square fight’
Questioned by fiscal depute Ruaridh McAllister on why he did not just walk away or call the police if someone was acting in an abusive manner outside his home, he said he went “looking for him to see what his problem was”.
“I’ve never said this was self-defence,” he added.
“I’m not disputing I went down to fight him, assault him.”
He also accused the procurator fiscal’s office of “exaggerating” the charges.
He said: “You’re trying to put words in my mouth – I’m sick of it!
“It was a square fight. I didn’t back down from him.”
Insults flew, then punches
Mr Kennedy also gave his version of events and said Elrick’s partner argued with his daughter about a DVD which had not been returned.
Describing the clash with Elrick, he said after the verbal back and forth they both exchanged punches and tied up before he remembered waking up on the ground.
Images of cuts to his shin and both elbows and redness and swelling on his chest and face were shown to the jury. He told them he also suffered at least one broken rib.
Under cross-examination by Elrick’s defence agent, Iain Jane, Mr Kennedy denied claims he had purposefully gone to his neighbour’s house that day to shout abuse and, as a result, was the aggressor.
But he did admit his behaviour towards Elrick’s partner was “shocking”.
“I am aware my behaviour was shocking. I should have never said that. I should have walked away that day,” he said.
Following his guilty plea to the assault, Mr Jane invited the court to prepare background reports on his client before passing its sentence.
“He understands all sentencing options are available to the court,” he said.
Sheriff Craig Findlater, who oversaw the trial, agreed.
Elrick, of Hillview Crescent, will now return next month to hear his fate.