A Hawick man who stole more than £5,000 from a frail and disabled relative, who has since died, was ordered to repay the money to executors of the deceased.

Allan Muir contacted the bank, pretending to be his seriously ill father-in-law, obtained a PIN number and made withdrawals totalling £5,120 from cash machines in Hawick and Galashiels between April and June last year.

Fifty-seven-year-old Muir, whose 32-year marriage ended as a result of the offence, was said to have been in financial difficulty at the time.

Muir of Trinity Street, Hawick, admitted contacting the bank, pretending to be his father-in-law, answering security questions to illicitly obtain a PIN number, and using his bank card to make withdrawals between April 13, 2012, and June 17, 2012, and obtaining £5,120 by fraud.

The court heard how, when his father-in-law went into a nursing home, his bank account was checked and a number of unusual withdrawals noted.

Further enquiry showed that someone purporting to be him had called the bank and then made withdrawals using his card.

Defence solicitor Mat Patrick told the court: “He did apologise to him before he died, but has been ostracised by the family.

“He was married to the complainer’s daughter for 32 years, and that came to an end as a result of this matter.

“He was out of work at the time and used the money for weekly expenditure, not to fund any extravagant lifestyle.

“He wants to make amends – at least financially.”

Muir was sentenced to a 12-month community payback order at Selkirk Sheriff Court on Monday.

A condition was attached that he completes 200 hours of unpaid work.

He was also ordered to pay £5,120 compensation to the man’s estate.

Sheriff Kevin Drummond told him: “This represents a serious breach of trust, where you were able to take advantage of your father-in-law, who was seriously ill.”

“It was a mean thing to do,” he added.

A retired teacher, who fraudulently claimed more than £30,000 in benefits, escaped custody with an alternative sentence of 200 hours community service.

The 66-year-old first offender failed to declare an occupational pension, and for some four years, received over £21,000 pension credit, when he lived in Muthag Street, Selkirk.

He also received more than £9,000 housing and council tax benefit over a two-year period.

Allan Baldwin of Peter Street, Rishton, Lancashire, admitted obtaining £21,217.80 pension credit to which he was not entitled, between July 25 2007 and August 21 2011.

He also admitted obtaining £9,091.76 housing and council tax benefit to which he was not entitled between January 6, 2009 and July 17, 2011.

Depute fiscal Tessa Bradley told how Baldwin, who retired early from teaching through ill-health, was receiving monthly payments to his bank account from an occupational pension.

When enquires were made, Baldwin confessed, “All I can say is that I have been ill for a long time.”

Defence solicitor Greig McDonell said his client had retired early in 1996 through ill-health.

“When he reached retirement age, he was entitled to state credits, and was suffering health difficulties when he applied,” he explained.

Mr McDonell said Baldwin realised he should not be receiving the benefits but “felt trapped and decided to stay quiet about it.

“He may have made a confused error initially, but became aware of that and had the opportunity to tell the benefits agency, which he didn’t,” conceded Mr McDonell.

The solicitor said his client was currently making repayments, but appreciated it would take a considerable time for the sum to be repaid.

He said Baldwin appreciated custody would be considered, but that such a disposal would have a severe impact on his family.

Sheriff Kevin Drummond told the accused: “You have pled guilty to fraudulently obtaining benefits in excess of £30,000 by failing to disclose and occupational pension.

“The amount owed to the public purse is being repaid,” he added.

“Custody would have been appropriate, but you have no previous convictions, which allows me to deal with this by the alternative.”

Baldwin was sentenced to a 12-month community payback order, with a condition he completes 200 hours of unpaid work.

A gambler, with debts of £35,000, embezzled more than £9,500 from his employer and lost the entire sum at the bookies.

Thomas Crosbie then walked to the police station and confessed his crime.

Twenty-nine-year-old Crosbie of Dingleton Cottages, Melrose, admitted embezzling £9,580 while employed as assistant manager at Aldi in King Street, Galashiels, between December 30, 2012 and January 15 this year.

Depute fiscal Tessa Bradley told how, as assistant manager, Crosbie was one of three designated people responsible for cashing up at the end of the day

“It was also his responsibility to store the takings in the safe,” added Ms Bradley.

Crosbie had worked a 2.30pm to 7pm shift on December 30, and was designated to cash up.

“He offered to work the following day, as they were short staffed, and was again designated to cash up,” explained Ms Bradley.

The court was told the manager returned to work on January 10 and found that the takings had not been collected as usual.

“He made checks and found that the accused had gone home with the safe key,” said Ms Bradley.

When Crosbie met the manager in the street, he handed him the store keys and said, “sorry” – although the manager didn’t know why he was apologising, and tried to contact him throughout the day.

Crosbie then walked to Galashiels Police Station, and said he wished to confess to a crime.

During interview, he said he had stolen about £9,000 from his workplace.

He said he had taken the store money, but didn’t bank it.

Crosbie told officers he had a gambling addiction and was worried about debts.

He said he lost the first lot of money – £4,590 – at Ladbrokes, and the second sum of £4,990 at William Hill.

“I’m sorry, I shouldn’t have done it,” he said.

Defence solicitor Ross Dow said his client walked straight from the bookmakers to the police station where he confessed his crime.

Mr Dow explained: “He took about £4,500 the first time and lost it, and was desperately trying to win it back to repay the money, and that led to the second offence. Such was the extent of his gambling addiction.”

Mr Dow said the offence had proved a turning point for Crosbie, who was currently receiving help in tackling his problem.

The lawyer went on: “He has a family, had a good job with prospects, and was gambling thousands of pounds.

Sherif Kevin Drummond observed: “He is said to have gambling debts of £35,000.”

Mr Dow replied: “He has had this problem for 16 years – it is a very sad case.”

The solicitor urged the sheriff to consider a non-custodial sentence, saying Crosbie was keen to repay the money.

Sentence was deferred until April 22 to investigate any prospect of repayment.

Sheriff Drummond told Crosbie: “I have to weigh up a number of considerations.

“You were in a position of trust; the sum of money; public policy considerations; and comparative justice.

“There is only one factor which is favourable, and that is that you, yourself, reported the crime before it even became known.”

A drunken man who threw a knife while rampaging about his home, striking internal walls, was admonished.

Jedburgh Sheriff Court heard he had been of good behaviour during six months of deferred sentence.

Fifty-one-year-old James Blair of Eildon Road, Hawick, admitted behaving in a threatening or abusive manner at his home on August 5 last year.

The court heard how Blair and his wife had been at home drinking with two others, when an argument developed.

He began shouting and swearing, punching the walls, and throwing a knife.

Depute fiscal Kate McGarvey told a previous hearing the accused’s wife was very concerned by his behaviour, and police found her “distraught” when they arrived at the house.

Solicitor Iain Burke, defending, said his client has never left the house with the knife.

He said his client had argued with a man “not unknown to the court, and who can be aggressive with drink”.

He added: “There was no physical confrontation, but the red mist descended, and things got out of hand.

“The accused was rampaging about his house, being foolish, and saying stupid things.

“His wife was not in any fear for her own safety, but was upset by what was going on.

“Drink was a significant contributory factor.”

Mr Burke concluded: “I appreciate that a knife being involved would cause concern, but there was no threat of injury with the knife, and he never left his home with it.”

Sheriff Donald Corke previously told Blair: “Obviously if you are rampaging like this, it can frighten people.

“But I take account that you were not directing this to anyone present,” and he deferred sentence for six months.

Last Friday, Sheriff Ray McMennanan admonished Blair, after hearing there had been no further trouble.

Leeds fitness fundraiser Lauren Hawley hopes to complete rowing nearly 60,000m at Crossfit gyms around the country in Selkirk on Thursday to raise money for Walking With The Wounded, which retrains injured service personnel.

Local RDAS Crossfit gym co-owner Neil Davidson said: “She has chosen our facility as the final one which is great.”

Many of the hundreds of Borderers who live with autism will have experienced ridicule and abuse, says a local group welcoming new research.

The Autistica charity’s One in a Hundred report, records the views of one in every 100 families across the UK of the experiences of living with the condition.

More than 600,000 people in the UK have autism and Autistica chief executive, Christine Swabey, says it is unacceptable that 94 per cent of parents worry about the future of their child with autism and 75 per cent of adults with the condition report insufficient help.

She added: “It is clear that there is much to do, but with the support and partnership of families across the UK we remain ambitious that we can fund pioneering research that will bring real change.”

Autistica will continue to fund research into early diagnosis and early intervention.

Derek Purvis, chairman of the Borders Asperger and Autism Group, says diagnosis and awareness of the conditions are the highest priority.

“There are hundreds of autistic people in the Borders and getting them to tell their story or their experiences is almost impossible,” Mr Purvis told us. “The reason is that often they live with ridicule, abuse and torment from ‘normal’ members of our society who do not understand the behaviours which are often associated with the condition.

“Every adult with a diagnosis will have a story to tell about their fight to get a diagnosis, their fight to be accepted and their families will have had an even tougher fight.”

Free legal advice for carers is on offer at Focus Ability Centre, Galashiels, on April 26, May 31 and June 28. Contact Borders Asperger and Autism Group for appointments.

THE council has taken the unusual step of claiming costs in a planning appeal case, claiming the appellant has “acted in an entirely unreasonable way”.

It is highly critical of some aspects of the appeal statement submitted on behalf of Alan Williams in his appeal over refusal of 28 holiday lodges at Whitmuir Hall, near Selkirk.

The council states: “The planning authority considers that the appellant has acted in a number of ways which are misleading and disingenuous.”

In the council’s view, Mr Williams, through agents CASA Planning, has submitted new evidence to the appeal despite stating within the appeal paperwork that this had not been done.

A claim has also been made that the appellant has referred to a “green tourism plan” that was never submitted with the original ­application.

The council has also raised issues over the submission of previously withdrawn representations and misquoted email correspondence.

The appeal will be decided after a site visit by reporter Gerry Farrington, with a decision due in May.

Plans for the new £14.8million Kelso High School have been lodged with the council.

Agents for landowners, the Duke of Roxburghe and Lord Ralph Kerr and the Fernie­hirst Trust, put in a formal “in principle” planning application for the school, 240 houses and sports facilities at Nethershot on Angraflat Road to the north-west of the town last Friday.

The lairds’ proposals are for an initial 120 houses, including 30 affordable units on 12 acres of the 45-acre site, spread over four fields between Queen’s House care home and the town’s racecourse. The school and sports fields and facilities are planned on nearly 19 acres, next to the field used by the racecourse for car parking.

A roundabout off Angraflat Road is pencilled in to serve the houses and school, and agents, Edinburgh-based Clarendon Planning & Development, say both developments could be built at the same time.

They also said if plans are given the green light, phase two – building the second lot of 120 houses – was unlikely to happen until at least 2019.

Clarendon put three options out to public consultation last October, within weeks of the council getting the go-ahead from the Scottish Government for the new secondary.

The lairds’ original plans took in the field used for racecourse parking as well as land to the north of Queen’s House and included extending the care home, but those have since been dropped. The area earmarked for the school and sports pitches has nearly doubled from the 10 acres first proposed.

Locals had first feared racecourse parking faced relocation, threatening land at the allotments, also on the north-west of the town, or the nearby golf course on Angraflat Road. But it will now remain in the same field.

Clarendon’s Antony Duthie said: “This submission is the culmination of several months of community consultation as well as liaison with Scottish Borders Council.

“Our clients consider this to be an exciting and ‘live’ proposition for the Kelso community offering a long-term plan for the sustainable growth of the town.”

And he said negotiations between the landowners and the council were “progressing positively”.

One of the region’s biggest annual charity events is celebrating a special milestone this year.

The “golden mile” walk for Marie Curie Cancer Care, held on Sunday and which attracted 180 people, plus 30 who did the accompanying 10km event, also saw a special luncheon to mark the Borders Field of Hope’s 20th anniversary.

Over the intervening years, hundreds of walkers have turned out and raised thousands of pounds for the charity.

But the annual event would perhaps not have been the success it is, or had the same longevity, were it not for a very special person.

The main co-ordinator and founder of the project is Anne Macintyre, from Kelso, who was also the charity’s Borders fundraising manager, until retiring five years ago. She is still involved, still supporting the cause because she remains so passionate about it.

While many people have been involved and should be thanked for all their hard work and fundraising, there are occasions when it is right to put one person centre stage.

I met Anne on Sunday and was inspired by her warmth and friendliness to all who attended the event, and by her organisational skills, which were very obvious.

It is people like Anne who are an inspiration to the rest of us, and make us proud to be Borderers.

The Southern’s new lifestyle page is about fitness and health in the region.

We hope to celebrate local people’s successful fitness ventures from the likes of the Walk It groups – getting people out walking and chatting – to ultramarathoners. We want to hear about health recoveries. We want to cover the latest health initiatives in the region and hear from complementary practitioners on new or fabulous therapies. Ditto new exercise ideas in the region’s gyms and with local personal trainers. We’d love updates from local dieticians and nutritionists. So please get in touch: if you don’t tell us about what you’re up to, who else is going to?

We also want to hear your fitness and healthy eating tips. If working out outside is your buzz, tell us why you think it’s effective. If you think dates with almond butter cut it instead of chocolate, let’s be hearing from you.

My interest in fitness started when I’d broken up with a bloke and was drunk and morose with my brother and bunch of Chay Blyth’s round-the-world sailors in Hobart years ago. So I said I was going to bike round New Zealand. Last time I’d cycled I was eight and last time I’d done any exercise at all I was 17 – a “cross country run”, aherm, out the school gates and behind the nearest wall to smoke a lot. I set off from Christchurch into a headwind. Crying happened. How could it be this difficult? (Ditching the knobbly tyres a week later helped). I finished for the day, set up my tent and could still see the city. But I met other fools on bikes in the days that followed who encouraged me and biked with me ... anything is better than nothing when it comes to exercise I think (as opposed to chocolate when more is better, obviously).

We plan to offer this space to specialist columnists. If you are a body worker, physio, nutritionist, dietician, personal trainer or someone else involved in helping people with fitness and health and would like to write a regular column, please email susan.windram@jpress.co.uk and sally.gillespie@jpress.co.uk with an example of what you would write in 350 words.

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A GYM in Galashiels is the first in Scotland to offer the latest exercise craze to come from New Zealand.

TriFitness, of the Borders Sports and Leisure Trust (BSLT) stable, is running branded group strength and plyometrics classes at its studio at Netherdale.

The Grit series is the latest group exercise class to come out of the Auckland-based Les Mills gym, perhaps best known worldwide for its “Bodypump” classes.

Two BSLT instructors are sharing taking the Les Mills Grit sessions which started on Monday. The sessions are suitable for everyone, said instructor and BSLT duty manager Scott Chapman.

Exercisers in the strength class will use a barbell, weight plates and a bench to target major muscle groups in an intense 30-minute session.

The plyo class uses the principles of plyometrics – power agility training – to increase speed, strength and endurance.

Trifitness will be offering the third series – Grit Cardio, high-impact aerobic sessions with no weights – in the summer.

Scott said: “Each delivers different benefits for individuals to help them achieve personal goals. They’re intense, but really satisfying and people walk out knowing they have worked hard and that they will quickly achieve their goals.

“The plyo series will increase muscular endurance, intensify your energy and increase stamina. The strength series tones and builds muscle, increases weight loss and reduces body fat.

“The smaller sessions, with a maximum of eight people, make it feel more like personal training, but the fact that you are with other people gives it a good group feel which helps to motivate you.

“Anyone will benefit, particularly someone who would be interested in personal training or who needs that extra bit of motivation in the gym to achieve their goals.”

Scott, a Gala A rugby player and personal trainer, has a fitness, health and exercise HND and has worked in the industry for eight years.

He is a coach in the new Grit classes and he leads other group fitness sessions at TriFitness including Les Mills Body Pump, Body Combat, Cxworx and freestyle classes such as boxercise, kettlercise and spinning

BSLT chief executive Ewan Jackson said: “We are delighted to be the first company in Scotland to launch the Grit series bringing the best of what’s new in the fitness industry to the Borders”.

For more information visit www.bslt.org.uk

PEEBLES teenagers are trying to help their younger peers not to obsess about their looks.

The town’s high school students found in a survey of people aged 14 and 15 that girls spend as much as two hours getting ready for school and that boys as young as 13 are drinking protein shakes and going to the gym to try to bulk up.

But older teens in the school, who are part of Fixers, a national movement of young people “fixing” the future, are trying to persuade their younger colleagues that happiness is more than what they see in the mirror.

Peebles’ Fixer Sam Matthews, 16, said: “Our message is about getting people to be comfortable in being themselves and not trying to be what everyone wants them to be.”

The survey found body image concerns were worse among girls but that boys, too, felt under pressure to look good.

The school’s Heather Allen, 17, said: “There should be role models for young girls who are confident in themselves and not afraid to make their 
own decisions about what they wear or what they look like.”

The group hopes to create a booklet that can be used in social education classes to help teenagers become more confident with their body image.

Fixers supports thousands of young people across the UK to take action and change things for the better, addressing any issue they feel strongly about.

The charity recently won a £7.2million grant from the Big Lottery Fund and aims to work with 20,000 young people over the next three years.

Galashiels Ex Braw Lads’ and Lasses Association raised £500 for the Margaret Kerr Unit at Borders General Hospital from a sponsored walk last year.

Chairman of the association, Sandy Blacklock is pictured, right, presenting the cheque to the unit on behalf of the association and the group of walkers.

Earlston Orchard Town group recently completed the planting 240 fruit trees, 100 fruit bushes and 200 root stocks, just before the end of the tree planting season.

The organiser, Donald McPhillimy, said: “We have had seven planting days between November and the end of March and we have been able to plant all of our trees and bushes, over 500 in total.

“All the trees have been protected with shelters and mulch mats to suppress weeds. This is a great effort considering that most of our volunteers had never planted a tree before.

“We have had all ages out planting with us, from high school students doing their Duke of Edinburgh Award to others more mature in years. “The 200 rootstocks and those planted last year at the Greener Melrose orchard site at Drygrange will be grafted to produce a new generation of fruit trees to be planted around the town.”

Earlston Orchard Town is a project organised by the Earlston Community Development Trust, which is planning to make further improvements to the town. The planted trees will require ongoing weeding and maintenance, a further opportunity for healthy exercise.

The Earlston Square planting team is pictured above..

John Lamont MSP, was at Abbey Row in Kelso last week to judge Kelso Art Group’s annual painting and drawing competition. This year the topic was “birds”. There were 27 entries from members of the group who all made a huge effort to produce some excellentwork. John awarded prizes to Margaret Gillie for her painting of nesting seagulls, Judy Eglington for her picture of a flamingo and her young, Nancy Thomson for her colourful painting of a cockerel and Geoffrey Emerson for his stylised drawing of a duck. Geoffrey was unable to attend.

Pictured with John, who is holding Geoffrey Emerson’s drawing, are, from left, Margaret Gillie, Nancy Thomson and Judy Eglington.

On forming the Coalition Government in 2010, the Liberal Democrats’ top priority was to tackle the financial crisis as a prelude to creating a stronger economy and a fairer society.

As part of our work towards this, we want to make the tax system fairer to ensure the lowest paid pay less tax while those on high incomes pay their fair share. I am glad to say we are a step closer to achieving this as we introduced a further cut for basic rate taxpayers this week.

On 6 April, the income tax threshold was raised to £9,440 – the largest rise in the personal allowance ever – giving 47,500 Borders a tax cut for the third year in a row. This will bring the total income tax cut since Labour’s time in government to £600 and means that 5,190 Borderers have been lifted out of income yax altogether since 2010.

This is good news for local people and, with the government’s work to crack down on tax avoidance and ensure the wealthy pay their share, means that we are making the UK tax system fairer than ever.

Newcastleton femto trial

As the Government works to deliver a fairer society, we are also committed to strengthening the economy by supporting businesses and improving infrastructure.

I know that locally, poor broadband and mobile phone services are a huge frustration, for businesses and individuals, and when improved, could provide a real boost to our economy.

As local MP, these are issues I have been campaigning on for many years and I welcome the UK government’s commitment to roll out a better service for both over the next few years.

The government has committed £100.8 million for broadband in Scotland and £150 million for mobile infrastructure across the UK.

There will still, however, be communities which don’t benefit from these improvements and other options will have to be looked at to deliver a better service to these areas.

For mobile phone signal, one of these options is femto and I was very pleased to take part in the launch of a trial of the technology in Newcastleton last Friday. I heard about femto a few years ago through Vodafone and I recommended several locations in the Borders for a trial they were hoping to hold.

It was great to hear that Newcastleton was selected for the pilot and this means that Vodafone customers in the village will now receive decent coverage. This is only a small step towards better mobile phone signal for the area but if the trial is successful, more Borders communities could benefit in the future.

Hospital patients are facing longer journeys in ambulances because of the loss of a local control centre, The Southern has been told.

A patient transport service (PTS) crew member has also claimed the closure of the ­centre in Melrose last year, and centralisation of staff at Edinburgh, led to patients not being picked up and some being left behind at hospitals.

The PTS employee, who wished to remain anonymous, said: “On behalf of the ambulance crews, I apologise for being part of a service that seems to be ignoring the many patients who have not been picked up for appointments or have been picked up late, sometimes two hours or more, resulting in them not receiving proper treatment. Quite a number have also been left at hospital after their appointments.”

He added: “Patients should not be on an ambulance for over two hours. It’s not a bus tour, it’s an ambulance service.”

He alleged long journeys occurred because of staff and vehicle shortages and because call-takers did not know the area, so that patients from places as far apart as Hawick and Eyemouth sometimes had to be taken together.

The crew member called a new booking system a “shambles” and said some who should be receiving transport were “falling through the net”.

He added that staff had complained to management but their views and suggestions had been ignored.

A Scottish Ambulance Service spokesman said a new direct booking and management system meant patients could discuss their requirements with specially trained staff and it provided a more “personal service” and met patients’ needs better.

He added: “As in any rural part of Scotland, some patients who are furthest away from hospital will have longer journeys, but there is no indication that patients are travelling further than they need to since the changes were introduced.

“If a crew cannot take a patient home, which may be because a clinic is running late, then they advise ambulance control and they will arrange another resource to take the patient, who will not be left at hospital.”

He said: “There has been no change to the number of staff and vehicles delivering the PTS service in the Borders and throughout the period of change managers arranged several forums for staff to attend and discuss any concerns they may have, and continue to engage routinely with staff.”

A local solicitor has called the closure of Peebles and Duns sheriff courts ‘short-sighted’ and has criticised the public consultation on the plan.

Iain Burke’s comments followed Tuesday’s publication of the Scottish Court Service’s final report on the future of local courts.

It confirmed the proposal to close Peebles and Duns sheriff courts in January 2015, and transfer cases to Selkirk and Jedburgh respectively.

Mr Burke said the final proposals had remained the same as those put out for consultation last year, which had drawn significant criticism locally, including from Sheriff Kevin Drummond.

Mr Burke said he was not surprised the ‘pretend’ public consultation had not changed anything, adding: “I think the proposal is very short-sighted and unfair for the local area.”

The increased travel time and costs are also of a concern to Mr Burke, who said these, along with lost court days due to non-appearances, meant the suggested savings behind the closures would not be made.

“The costs are being shuffled around, they are not being saved,” he said.

The court service has also proposed moving all jury cases in the Borders to Edinburgh over the next 10 years, which Mr Burke said would lead to opposing parties having to share a two-hour bus ride to court in some instances.

John Lamont MSP said the closure of the courts was a ‘hugely disappointing decision’ and would ‘severely limit’ local people’s access to the justice system. He added that the extra workload for the courts in Selkirk and Jedburgh would lead to more delays in the system.

Scottish Court Service chief executive Eric McQueen said: “Many of the responses to the consultation pointed to the extent of additional travel and inconvenience and we acknowledge this will be the case for some court users, while clarifying that the actual number of members of the public that this would affect is very small.”

The Scottish Government will have the final decision on the proposed closures.

OLYMPIAN Ian Stark has lodged plans to create an international-standard equestrian centre at his farm just outside Selkirk.

Mr Stark is seeking to relocate his riding centre business from Dryden to Greenhill as the lease on the current premises expires in June.

The plans propose competition-standard indoor and outdoor arenas, stabling for 35 horses and a cafe and shop.

The application states: “Given Ian Stark’s major profile in the equestrian world, it is considered to be highly feasible that major competitions and competitors would be attracted to use the new centre in association with a strong marketing and advertising strategy.

“There is a lack of facilities in the Scottish Borders able to offer suitable accommodation for national and international competition events, particularly in terms of qualifying arena size and associated facilities.” A network of bridle paths and walkways would also be created around the applicant’s 483-acre farm if the plans are given the go-ahead by the council.

The purpose-built centre would also provide better facilities for Riding for the Disabled groups.

The council has a target of June 4 for a decision to be made on the application.