Neighbours from hell
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A COUPLE were told by a neighbour that he would "make their lives hell" by playing loud dance music, Dornoch Sheriff Court heard this week.
Donna James, a nurse at Migdale Hospital in Bonar Bridge and her partner, Luke Saldias, a plumber, said the music could be heard in every room of their home.
The couple live in a ground floor flat at Gairs Building, Lairg Road, Bonar Bridge – next door to Alvin Campbell, a fencer and his partner Sammy Boyd, a barmaid at the Bridge Hotel.
Twenty-one-year-old Campbell was found guilty after trial on Tuesday of abusive and threatening behaviour on 18th March towards Miss James and Mr Saldias.
He had threatened to make their lives hell by continuing to play loud music and he then stood outside their flat swinging "chains" which had been set alight.
He was also found guilty of a second charge of breaching bail conditions on 4th April by playing loud music.
In the witness box, Miss James (31) said she had moved into the rented accommodation in October 2011 and the next door flat had been empty until Miss Boyd moved in at the end of December and, at the end of January, she was joined by Mr Campbell.
"When they first moved in, it was shouting and swearing and banging doors; on one occasion items were being thrown at the wall of their lobby which is my bedroom wall," she said.
"Then they got their music system and it was loud music. You couldn’t get away from it. There wasn’t a room in our house that you couldn’t hear it.
"It was very stressful. I start at 7am and work 12-hour shifts and I need a good sleep. It’s annoying when I have to go to work and am tired."
Under questioning from defence agent Diane MacFarlane, Ms James agreed the flats were very poorly soundproofed but she denied that she and her partner were "over sensitive" to noise.
"We hear a lot of commonplace noise from our neighbours above us. He’s a big guy and they have wooden floors, but I have no issue with them," she said.
"Commonplace noise doesn’t annoy me. Screaming and shouting at two o’clock in the morning and loud music does annoy me."
She confirmed she had made a number of complaints to police as well as to the letting agents, Hannah Homes, and to Highland Council’s environmental health department.
Police were called to her home on 18th April following a visit from Campbell who was described as "agitated and pacing from foot to foot".
Miss James added: "Alvin said he was going to continue playing very loud music and make our lives hell until we did what he asked us to do (drop a previous complaint)."
Campbell left but then appeared outside her bedroom window swinging "chains" which had been set on fire. "It was intimidating behaviour," said Ms James.
Her partner Mr Saldias told the court: "You couldn’t escape the music. You could hear it over the television. We couldn’t find peace in our own home. It was very upsetting and distressing."
He said he was off work on 4th April and having a shower at around 11am when the music started up again.
Police called twice at Gairs Buildings that day and, on the second occasion, confiscated a television and Home Cinema Surround Sound System from Campbell’s flat.
Constable Kathleen Hunter told the court she had been called out to Gairs Building on the evening of 18th March.
She said she could hear music as soon as she stepped out of the police car and that it was "very, very loud".
She said: "Alvin was under the influence of alcohol and he was arrested."
Constable Ian Gollan (51), Bonar Bridge, described how he had gone to Gairs Building just after 11am on 4th April.
"I went next door to number one and spoke to Alvin and told him he was in breach of his bail conditions. I arrested him and escorted him to Inverness.
"I arranged for two other officers to attend to take statements and the sound equipment from the house."
Giving evidence on his own behalf, Campbell denied playing music excessively and said the volume of his music system could go up to 40 but was usually set at seven.
He claimed Ms James and Mr Saldias did not complain to him directly but phoned police frequently "for no reason".
"For a while the police were there every night," he said.
Campbell denied threatening the couple on 18th March and maintained that he had gone to their neighbour’s home in the hope of reaching a truce.
"I wanted to try and resolve things as we were neighbours and I was going to go out of my way to ensure there was no music late at night," he said.
Mr Campbell said that in swinging lit chains around, he had merely been practising "fire poi spinning" which was a hobby of his.
Finding Campbell guilty on both charges, Sheriff Sutherland said: "I think the evidence from the two Crown witnesses was quite eloquent and spoke clearly to the distressing situation they found themselves in. I have no difficulty in accepting their evidence in regard to both complaints."
Sheriff Sutherland deferred sentence until the next court on 10th July to allow time for the preparation of background social work reports.
