Charges 'not proven' in court after row over pet dog when marriage broke down
The owners of an award-winning Larkhall business had a row over a pet dog when their marriage broke down.
Thomas McCabe and husband Barry Savage had run their successful horse supplies firm for 10 years and announced plans to expand.
But their personal relationship soured, culminating in McCabe being accused of repeated assaults on his estranged partner at their workplace.
Hamilton Sheriff Court heard Mr Savage, 43, suffered a cut to his head after he tried to pull dog Macey from McCabe’s Jeep.
McCabe, 58, faced three charges of assault but walked free when Sheriff Colin Dunipace returned not proven verdicts.
The couple's 1st Choice Horse and Pet Supplies was named retailer of the year in the 2021 British Equestrian Trade Association awards.
McCabe was said to have assaulted his ex-partner three times within a nine-day period at the firm's premises in March this year.
Mr Savage said McCabe had ended their 13-year relationship the previous month, but they had continued to run the business together.
He told the court they had two dogs and it had been agreed he would keep them in return for McCabe getting an extra £10,000 in a financial settlement between them.
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On March 26, he said, McCabe turned up at the premises unexpectedly and made to drive off with one of the dogs, Macey, in his Jeep.
Mr Savage said: "I opened the passenger door and went to grab Macey, but Thomas pulled her in and then caught me on the head with two fast punches.
"There was blood and he said something like 'Look what you've done to yourself'. I was a bit shaken and one of the staff called the police."
McCabe claimed Mr Savage was the aggressor and punched him, telling defence lawyer Tom Watters: "He was angry and was grabbing the dog. He hit his head on the inside of the door. I only pushed him away."
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McCabe also denied assaulting his estranged partner on two earlier occasions.
Once, it was alleged, he elbowed Mr Savage in the ribs while walking past a counter.
On the second occasion he allegedly shoved Mr Savage who was protesting at McCabe's attempt to sack a member of staff.
The court heard Mr Savage is now the sole owner of the business after the men agreed a severance deal some weeks ago.
Clearing McCabe of the assault charges, Sheriff Dunipace told him: "This is a very unfortunate case for all sorts of reasons.
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"I accept these incidents probably happened, but that is not the relevant test and I have to be satisfied beyond reasonable doubt.
"I do have a reasonable doubt and you are entitled to the benefit of that. Accordingly, I find the three charges against you not proven."
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