A car-wash worker pocketed some of the money he made for his employer.
Brian Johnstone was emloyed part-time for Auto Clean at Bonjedward when he stole cash between February 1 and June 1.
Prosecutor Claire Bottomley said it was difficult to give a definitive figure of the amount stolen by the 55-year-old first offender, of Athol Court, Jedburgh.
She went on: “His employer estimated the loss at £500, but the accused told police he was owed £700. The estimate was then put at between £1,500 to £2,000.”
Ms Bottomley said Johnstone had been working at the car washing and valetting facility on a self-employed basis for a fixed fee of £50. When the employer noted a marked decrease in earnings, he confronted the accused.
She added: “He admitted he had been pocketing a few quid and was told he was no longer welcome, and that his wages would be withheld in lieu of the money taken.
“He said that some days he wouldn’t mark cars on the sheet, and other days he would pocket between £10 and £15.”
Defending, Mat Patrick said his client estimated the sum stolen at no more than £300, adding: “He is thoroughly ashamed of himself and has been entirely open about what he did. He was going through some financial difficulties and the temptation was too much. He also tells me he was owed £700 and never received that money.”
At Jedburgh on Friday, Johnstone, who pleaded guilty, was sentenced to a community payback order with 50 hours of unpaid work, to be completed within six months.
DISQUALIFIED FOR 14 MONTHS
Driving a car when more than twice the alcohol limit resulted in Douglas Gray being banned from the roads for 14 months.
The 43-year-old was also fined £200.
Gray, of The Orchard, Birgham, admitted driving on the A698 Hawick-Coldstream road on September 21 with a breath/alcohol reading of 83 mcgs – the legal limit being 35.
The court heard how people standing outside the Cross Keys Hotel in Denholm noticed the accused slurring his words and having difficult lighting a cigarette. Police were contacted when he drove off and he was traced about an hour later.
Gray’s lawyer, Rory Bannerman, said: “This was a significant misjudgement. He had three or four pints of beer and thought he would be okay to drive.”
He said his client’s income as a self-employed plasterer and tiler would be significantly affected by the driving ban.
CLUBBER BROKE HIS CURFEW
A teenager was found 15 minutes outside his bail curfew in a nightclub.
Nineteen-year-old Jordan Todd was seen heading home, but returned to the nightclub when he realised he’d left his mobile phone behind.
Todd, of Albert Place, Galashiels, appeared from custody and admitted failing to comply with a midnight-7am bail curfew at Overhaugh Street in the town last Friday.
Prosecutor Claire Bottomley told how police saw Todd in the Indigo Rooms at 12.15am.
Defending, Rory Bannerman said: “Police saw him heading home at 11.55pm, but when he realised he’d left his mobile phone in the nightclub, he went back for it. It is not the most flagrant breach of a bail order.”
Todd, who was also on an ASBO (antisocial behaviour order) at the time, was fined £200.
STOLE BECAUSE HE WAS HUNGRY
A thief stole from a supermarket, saying he was hungry.
Barry Hayward, 32, of Howdenbank, Hawick, admitted stealing food, light bulbs and a razor from Sainsbury’s in the town’s Commercial Road on March 8. The stolen items, worth £26.89, were recovered.
Iain Burke, defending, said: “He said that he was hungry and had no food in the house.He took these things in a moment of madness.”
Sentence was deferred until November 14.
ASSAULT ALLEGATION
A 34-year-old man appeared in private, charged on petition with assaulting a man in Galashiels on Saturday to his severe injury, permanent disfigurement and impairment.
Slawomir Korlaga, from Galashiels, is also alleged to have assaulted a woman, been in possession of a knife and behaved in a threatening or abusive manner.
He made no plea or declaration and was bailed.
Threatening behaviour
Threatening and abusive behaviour resulted in Rory Morrison being sentenced to a 16-month community payback order, with 160 hours of unpaid work.
Morrison, 27, of Langlee Drive, Galashiels, admitted causing £30 worth of damage by recklessly breaking a glass panel in a security door of a common stair at Croft Street in the town on May 1.
He also pleaded guilty to threatening and abusive behaviour, and kicking the entrance door, at Langlee Drive on May 18.
In addition, Morrison admitted assaulting a man by slapping him on the face and assaulting a woman by spitting at her at Beech Avenue, Galashiels, on May 18.
INDECENT PHOTOGRAPHS
A Berwickshire accused will be sentenced on Monday.
Kenneth Mackenzie, 31, of Crosshill, Chirnside, appeared on indictment and admitted possession of
indecent photographs or pseudo-photographs of a child at his home between August 2003 and November last year.
Sentence was further deferred until October 27, as a previously-ordered report was not available.
Falsely claimed benefit
A Selkirk man who falsely obtained more than £14,500 in Jobseeker’s Allowance while in employment has had sentence deferred until November 17 for reports.
David Henderson, 33, of Murray Place, admitted making false statements at Galashiels Job Centre between August 2011 and February this year, and obtaining £14,619 Jobseeker’s Allowance, to which he was not entitled.
Henderson completed forms declaring he had done no work – but he was employed by Wilson Gibb Management Service Ltd and in receipt of earnings.
TRIAL DATE FOR GALASHIELS MAN
A 67-year-old man who denies sexually or indecently assaulting a woman at his Galashiels home will stand trial on November 11.
Robert Pupkis, of Tulley Court, Glenfield Road West, is alleged to have committed the offence on May 29.
DIDN’T DECLARE EMPLOYMENT
A Tweedbank woman who falsely obtained more than £3,000 in Jobseeker’s Allowance had sentence deferred until November 17 for reports.
Stephanie Ritchie, 30, of Jura Drive, pleaded guilty to making false statements between October 2012 and August 2013, declaring she was not working, while in receipt of earnings from Kennedys (Melrose) Ltd and obtaining £3,157.79 to which she was not entitled.
ACTING SUSPICIOUSLY
Police were quickly on the scene after a man was seen acting suspiciously in the grounds of a house near Darnick.
Iain McCallum, 30, of Bannerfield Drive, Selkirk, admitted being found in the curtilage of Chiefswood House in circumstances it may be inferred he intended to commit theft on September 5.
Prosecutor Alasdair Fay told a previous hearing how McCallum was seen “hanging around, looking through domestic waste bins”, and when he spotted police, “legged it”.
Mr Fay went on: “He was wearing two pairs of socks, often done rather than carrying gloves.”
McCallum also admitted stealing a charity box of sweets at Business Gateway, Ettrick Riverside, Selkirk, on July 26.
His lawyer, Ross Dow, said his client had re-established a drug addiction
He added: “He left the Hamilton area to start afresh.”
On Monday, McCallum was placed on a two-year DTTO (Drug Treatment and Testing Order).
WARRANT WARNING
Accused people attending Selkirk Sheriff Court have been warned by a sheriff that if they fail to remain in the courtroom and are absent when their case is called, a warrant is likely to be issued for their arrest.
Sheriff Peter Paterson said that once the court is in session, those facing charges should not leave the courtroom.
Gary Edgar, formerly of Balmoral Drive, Galashiels, and now living in Richmond, and Steven Lumsden, of Dean Street, Galashiels, were not present when their case was called, despite a reminder from the sheriff when he came on the bench.
“You were told to stay in court, and it is not acceptable to go out for a cigarette,” he told both men.
Edgar, 27, and Lumsden, 35, both denied assaulting a man to his injury at Wetherspoons in High Street, Galashiels, on September 20.
A trial was set for March 5, with an intermediate hearing on February 2.
Both were released on bail, with a condition not to enter Wetherspoons in Galashiels or to make any contact with the complainer.