HIGH COURT: Jury goes to deliberations in retired eye surgeon's culpable homicide case
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The jury has retired to consider a verdict in the trial of a surgeon accused of causing the death of his neighbour.
Hamish Towler (67) has been in the dock at the High Court in Inverness accused of the culpable homicide of John Birrell.
Prosecutors claim the 55-year-old garage owner died due to a “cardiac event” after he was assaulted by Towler on August 17, 2020.
Jurors heard evidence that the two had been arguing on the day in question after Towler blocked a van that Mr Birrell was in with his son Jake.
The incident took place near their homes in the Blackpark area of Inverness.
Towler has admitted hitting Mr Birrell with a dog leash but claims it was in self-defence after being first assaulted himself.
At the outset of the trial his defence counsel lodged self-defence as a special defence.
During evidence Towler and Mr Birrell were said to have had a difficult relationship as neighbours.
The High Court heard this had been exacerbated by another incident two days prior to Mr Birrell's death when the same van – driven by his son – was said to have come within “six inches” of Towler while he was mowing a grass verge.
Towler claimed during his evidence that he was walking with his back to his neighbour and the van when he felt multiple blows to his rear on August 17.
He then turned and used the dog leash to hit Mr Birrell – but claims it struck him on his shoulder contrary to evidence from Mr Birrell's family given earlier who said it hit him on the head.
The two argued as they went down the road to their respective houses and Mr Birrell's family phoned the police.
He died on the front porch of his house a short while later.
Towler was later arrested and charged with assault.
The High Court heard the two men had previously clashed "four or five times" including when Towler submitted planning permission for his property.
The trial is taking place before Lord Fairley with a jury of seven women and seven men.
