Closing speeches given in the case of a retired surgeon accused of causing the death of a neighbour

Closing speeches have been heard in the case of a retired eye surgeon on trial accused of causing the death of his neighbour.

Hamish Towler (67) is in the dock at the High Court in Inverness facing a charge of the culpable homicide of John Birrell on August 17, 2020.

Mr Towler denies the charge against him which states he hit Mr Birrell (55) with a dog leash during an angry row.

Later the same day Mr Birrell suffered a “cardiac event” and died which prosecutors claim was directly linked to the assault.

The High Court heard that events unfolded on the day in question in the Blackpark area of Inverness where both men lived.

Towler obstructed a van carrying Mr Birrell and his son Jake while out walking on a public road with his dogs leading to a heated altercation.

Jurors heard previously that the row had broken out when Towler refused to get out of the way of the vehicle due to the fact that two days earlier the same van had come within “six inches” of him as he mowed a grass verge.

Towler claimed in his evidence that he was assaulted on August 17 after Mr Birrell got out of the van to confront him, with evidence led that he was pushed.

He has lodged a special defence of self-defence and has admitted using the dog lead to strike Mr Birrell.

The jury also heard from medical experts who said that Mr Birrell was at significant risk of heart problems which could have been linked to his death.

Jurors have now heard from both the Crown and the defence.

Advocate depute Bill McVicar urged the jury to convict Towler of the charge against him.

Summing up the prosecution's case he said: “Would the use of a dog lead be an appropriate retaliation for a push to get him out of the way of obstructing the van?

“Should he have ran away? Of course he should have.

“This is a man who said in his evidence that he had spent five years trying to avoid a fight with John.”

Mr McVicar said the whole incident could have been avoided if Towler had “simply stepped aside” from the middle of the road.

The advocate depute added: “This altercation, this assault, led to this death.”

Defence counsel Shelagh McCall KC then took her turn to address the jury about medical evidence about Mr Birrell's health, calling him a “proverbial time-bomb” health-wise.

She said: “Ladies and gentlemen, what happened here on the day no-one would expect to end up in the High Court.

“It was the result of a fatal cardiac arrest.

“But if you're unlucky enough to end up in an incident with a proverbial time-bomb then you might very well end up in the High Court.

“You're not hear to resolve a neighbour dispute.

“Your focus is what happened on August 17, 2020.”

She claimed Towler had been the victim of an attack himself and had responded with appropriate force in self-defence.

Towler claimed during his evidence that he was walking with his back to his neighbour and the van when he felt multiple blows to his rear.

He then turned and used the dog leash to hit Mr Birrell – but claims it struck him on his shoulder contrary to evidence from Mr Birrell's family given earlier who said it hit him on the head.

The two argued as they went down the road to their respective houses and Mr Birrell's family phoned the police.

Mr Birrell, a garage owner, died on the front porch of his house a short while later.

Towler was later arrested and charged with assault.

The High Court heard the two men had previously clashed "four or five times" including when Towler submitted planning permission for his property.

Jurors are expected to start receiving their charge from Lord Fairley later today.

Deliberations will then take place until a verdict is reached.