South Tyneside bin attacker labelled 'potential killer' by victim - claim rubbished in court

A South Tyneside man who lost his cool and struck a neighbour a glancing blow with a wheelie has been branded a potential killer by his victim.

In a statement to a court, the woman claimed Gavin Harm, 47, of Walsh Avenue, Hebburn, “is capable of killing me” – an allegation rubbished by his solicitor.

‘Feels like a prisoner in her own home’

Borough magistrates heard she claims his attack had left her unable to stop shaking, is “terrified all the time” and “feels like a prisoner in my home”.

And she also revealed she is now snappy around people, under the care of her doctor and no longer takes her dog for early morning walks following the incident on Thursday, April 30.

Prosecutor Stephen Davies said Harm pushed the bin towards her but tripped midway, before regaining his footing enough to propel it further forward.

‘Minor scratch and some redness’

The bin clipped his victim, causing a minor scratch and some redness, leading to his arrest.

But defence solicitor David Forrester insisted her claims should be taken with “a pinch of salt”.

Mr Forrester insisted Harm had faced significant provocation from the woman, who loudly accused him of kicking his dog outside his home.

In fact, he claimed the actions of the victim, who was caught on a mobile phone’s audio being loud and aggressive, came close to being a public order offence.

He said she had also made a provably false claim of being kicked in the chest by Harm.

‘Suggest it is taken with a pinch of salt’

In a rebuttal to her statement, Mr Forrester said: “I would suggest it’s taken with a pinch of salt.

“She shouts abuse and is swearing with impunity and says that she would ‘get the effing police on him’. It is not short of a public order matter.

“There is significant provocation. She doesn’t know the video is there and makes an unfounded allegation that he kicked her in the chest.

“He does lose his temper and runs towards her. There is only 50m between their homes. It’s all childish. There are things going on that don’t need to be going on.”

Mr Forrester added: “There’s something of a neighbour dispute. There is a lot of to-and-fro, but you are dealing only with what’s on the video.

“You have to deal with it on what is undisputed. He’s lost his temper. The bin clips her arm.

“He has mental health issues and an ongoing alcohol issue, but he is trying to sort out his life. He is holding down a job.”

Magistrates fined Harm £400, with a £160 victim surcharge and £85 court costs.

John Lee, chair of the bench, told Harm: “The video footage we saw was quite informative.

“There was provocation, and we don’t believe this offence crosses into community territory.

“We don’t feel that compensation is justified in this case or a restraining order is justified.

“What I would say is that you don’t live very far away from the lady who made the complaint.

“I would just remain very circumspect if you see her or her husband.”