Husband lost the plot

Oct 5 2012 by Colin Rutherford, Kilmarnock Standard

A Kilmarnock man who “lost the plot” when his wife stayed out all night has been ordered to carry out 80 hours of unpaid work.

Malcolm Brannan, 42, of Granger Road, pleaded guilty to shouting, swearing and acting in an aggressive manner at a house in Bluebell Drive, Kilmarnock, on September 2.

He also admitted breaking a bail condition barring him from contacting the woman.

Jo Cunningham, prosecuting, told Kilmarnock Sheriff Court that Brannan’s wife had been on a night out and had told him that she would return in the early hours of the morning.

“However, she subsequently went to a friend’s house as a party was ongoing and did not go home as she had indicated to her husband,” said Ms Cunningham.

When the woman did return home at noon the following day, she saw her husband in the garden, “clearly under the influence of alcohol”.

Said Ms Cunningham: “When he saw his wife, he immediately became aggressive and demanded to know where she had been and who she had been shagging.”

He refused to calm down.

“Fearing for her own safety, the accused’s wife contacted the police,” said Ms Cunningham.

Brannan realised his wife was on to the police and he tried to grab the phone.

He then climbed over a fence into a neighbour’s garden, where he continued his abuse.

By the time police arrived Brannan had left the scene, but was apprehended a short distance away.

He told officers that he had “effectively lost the plot”.

Brannan was released on bail the following day with the special condition that he did not communicate with his wife.

However, when police carried out a check at 7.30 that night, they found him in the livingroom of the Bluebell Drive house.

Paul Gallagher, defending, said that the couple had been together for 11 years and had two children.

“He was completely out of order,” said the solicitor.

“His wife hadn’t come home from a night out. This alarmed him and he had been unable to contact her or find out her whereabouts.”

Mr Gallagher said that Brannan was currently unemployed because he was not fit for work.

He said: “I think it’s fair to say his position is he hopes the relationship will continue.”

Mr Gallagher said that he had seen a letter sent to the procurator fiscal by his wife, which appeared to confirm that this was also her view.

Sheriff Alistair Watson told Brannan: “What concerns me is you were up in court almost exactly one month before for the same thing.

“I’m concerned there seems to be a bit of a pattern.”

Sheriff Watson said that Brannan was lucky not to have been remanded in custody when he appeared for breaching his bail conditions.

He placed Brannan on a community payback order for a year.