Widow gives evidence in trial over death of Highland businessman
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Bad blood between neighbours led to the tragic death of one when a retired eye surgeon confronted a Highland businessman who collapsed and died minutes later with a heart attack.
The High Court in Inverness heard that 66-year-old Hamish Towler had been walking with his dogs on the approach road to the properties in the Blackpark area of Inverness, off Leachkin Brae, on August 17, 2020.
Behind him was 55-year-old garage proprietor John Birrell who was a passenger in a van driven by his son Jake.
Mr Birrell's widow, 57-year-old Yvonne Birrell, of Blackpark House, Inverness who confirmed the family "did not enjoy a good relationship" with the Towlers, told a jury: "I saw the van had stopped and I knew something was kicking off."
She told advocate depute Bill McVicar that she had received a phone call from her husband and son that they were about to arrive for their evening meal and she had gone outside to unhasp the gate.
"Mr Towler was in the middle of the road," she said. "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****** police.' John was very angry. I went to collect a parcel from a courier driver when Georgia shouted: 'Dad has collapsed.'
"He was falling backwards and Jake and Georgia were trying to help him down. The courier driver came to help."
She agreed with Mr McVicar that the driver gave CPR until an ambulance and a specialist doctor arrived.
Towler denies the culpable homicide of Mr Birrell.
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.
Cross-examined by Ms McCall, Mrs Birrell confirmed that her husband had health issues and had had a heart attack in 2018 and a stroke about a year later.
She also confirmed there were "disagreements" with the Towlers over planting of trees, fencing and a septic tank.
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: "Would you say your husband had a short fuse – quick to temper?"
"I wouldn't say that," was the answer.
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 quizzed her on alleged punches thrown by her client. "This is the first time you have said that."
Mrs Birrell replied: "I told the police."
Ms McCall responded: "Yet it has not been written down by the officer."
It is alleged he obstructed the van Mr Birrell was travelling in to block it passing, hit the vehicle with a dog lead before pulling Mr Birrell out.
The charge claims Mr Birrell was pushed across the road, punched 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.
The trial before Lord Fairley, which is expected to last a week, continues.
