Keiss man 'tormented' by ex having sex with new partner

A man accused of stalking and abusive behaviour claimed his ex and her new partner were "tormenting him" when having sex in the house next door.

The trial of Alan Bain was told that the window of the home was left open and the incident was part of the reason he was so stressed that he consulted his doctor.

Dr Laura Stewart was a locum GP at the Riverview Practice in Wick at the time. She spoke of the incident while being cross-examined by defence solicitor Ruth Wallace.

She put it to the doctor, who was giving evidence via video link: "Basically, Mr Bain's ex and her new partner were 'tormenting him'?"

Dr Stewart replied: "That's what he told me, yes."

Earlier in the hearing at Wick Sheriff Court on Thursday, the GP referred to a telephone consultation she had with Bain on September 15, 2020.

She told Sheriff Donald Ferguson: "He expressed concern about his ex-partner's mental health. A lot of his consultation focused on her. Mr Bain was concerned because she was making things up about him, charges that were not right and made up."

Fiscal Sue Foard said: "He asked you to look into her mental health?"

Dr Stewart said: "I told him I could not give him that information but would look to see if there were any concerns regarding her mental health."

The doctor said that sometimes she received calls from individuals who were concerned about their partner's mental health and went on: "My concern was more about the things he was saying during the consultation, details about his ex."

Replying to Miss Wallace, Dr Stewart said that she had twice signed Bain off work "due to the stress he was under" and added: "So far as Mr Bain was concerned, his ex was the source of his stress and anxiety."

Earlier in the trial, Bain's ex partner had claimed he had pushed her during an incident on the way back from Keiss gala in 2011.

Martin Tait (51), a long-time friend of Bain, said he had left a post-gala party in his then home, Stranaver, in Keiss, at one point, to see what was going on outside.

He said that he observed Bain and a woman “exchanging words”.

Mr Tait said: “It may have looked like an argument but it was nothing serious or out of hand. I can’t remember what was said or who was saying what.”

Replying to Miss Foard, the mechanical fitter claimed there wasn’t anything physical happened between the two people.

Miss Foard asked if Bain had lunged towards the woman.

Mr Tait replied: “They were close, facing each other, but I would not say he lunged. I don’t recall anything happening. I went back inside my house.”

Asked if he knew anything about someone having to go to hospital, he said he only learned about that from the police, later.

Pressed about whether there had been a lunge or a shove, Mr Tait, who subsequently moved away from Keiss, replied: “I don’t recall that. There was nothing that caused me concern.”

Miss Foard: “Sufficient concern that you stood outside for a while?”

Mr Tait: “I would not say a while."

The trial had to be abandoned on Thursday because of leaks in the glass canopy roof in courtroom one and electronic problems in courtroom two.

It will resume on April 17 for a three-day session.

Bain (34), whose address was given in court papers at Sooth, Keiss, denies charges of stalking and abusive behaviour. His solicitor Ruth Wallace has entered two special defences of alibi. The trial continues.