Woman assaulted birdwatcher and snatched his car keys

A 59-year-old woman with a longstanding grievance about birdwatchers has been fined £300 for assaulting one and stealing his car keys.

Sandra Irvine pleaded guilty to the offence, which took place near to her home in Boddam on 4th March this year.

Procurator fiscal Duncan MacKenzie told Lerwick Sheriff Court today (Wednesday) that the victim had been parked on a grass verge, studying birds and “not bothering anyone” when the assault happened.

First, the court heard that Irvine’s husband approached the birdwatcher, told him he was on private land and asked what he was doing. After the man explained, Irvine’s husband left, the fiscal said.

Soon after, Irvine also approached the car. Mr MacKenzie said she demanded he leave in an “aggressive manner”.

The birdwatcher took out his phone to record her behaviour. The fiscal said Irvine reached through the window and attempted to “snatch” the phone from his hand.

She then “took the key out of the ignition and made off with it”.

The police were called, attended Irvine’s home and she returned the car keys.

Mr MacKenzie said Irvine was given a police warning but decided to challenge it which is why the case had come before the court.

Defence agent Tommy Allan said Irvine had concerns with birdwatchers dating back 15 years, including that they damaged fences on her property and left gates open allowing livestock to get out.

Although her complaints had been raised with the police, Mr Allan said she had been told it was a civil matter.

He said she had also raised concerns about “right to roam” legislation with her MP and MSP.

On the day in question, Mr Allan said traps had been set on her land for catching and tagging birds.

He said his client maintained that the birdwatcher had been parked on her land and had refused to leave when asked to by herself and her husband. Mr Allan said the birdwatcher’s behaviour made her “upset” which led to her acting as she did.

Mr MacKenzie interjected, however, to dispute the claim that the birdwatcher had been on Irvine’s land, insisting it was a public road. He said he had not been involved in the setting of any traps.

The fiscal pointed out that the birdwatcher remained in his car at all times.

“At no point was he outside his vehicle,” he added.

Mr Allan said his client accepted that, regardless of the land ownership issue, she had no right to enter the man’s vehicle.

He said his client should have accepted the police caution. Mr Allan also pointed to Irvine’s unblemished record of almost 60 years.

Sheriff Ian Cruickshank fined Irvine £300 plus a victim surcharge.