Gordon Lockhart, who owns Girdle Toll Autos, believes that justice has not been done after being fined for committing the offence. The Times told on December 17 how the 45-year-old appeared at Kilmarnock Sheriff Court and admitted sending abusive voicemails to the customer between November 8-10.
The court heard that the messages were left as a result of the customer apparently not paying a £70 bill for the servicing of his car.
Despite admitting his guilt, Mr Lockhart, representing himself, argued that the complainer had committed a theft from his business by simply not paying the bill.
But this did not convince Sheriff Elizabeth McFarlane who handed Mr Lockhart, of Newhouse Way, a £350 fine.
However, the frustrated garage boss contacted the Times this week to air his grievances about the prosecution procedure.
Although he has no complaints against the police, Mr Lockhart insists he was disappointed about the outcome of the case because the matter of the unpaid bill was not taken into account.
He was also unhappy about the way he was treated whilst being charged with the offence.
Speaking to the Times, he said: “I don’t have any complaint against the police, they have to look into any complaint they receive.
“My main grievance is that although the law was upheld, I don’t believe justice was done.
“At the end of the day, I gave this guy a chance to pay a day later and he hasn’t done it, it’s backfired on me.
“I don’t run a business that way, I’ve built my business up on good faith.” He added: “This has been a huge problem for me, I’ve never been in trouble with the police before.
“I don’t think it’s right that I’ve been hauled off in the back of a van to Irvine Police Office, then Saltcoats Police Office, interviewed, photographed and fingerprinted and then back to the Irvine office! It was a complete waste of resources.
“I have a criminal record while the other guy has got away without paying.
“Theft is theft, he’s the one that’s stolen from my pocket. I’ve got three wages to pay, he thinks he’s won a watch after I tried to do him a good turn.
“The procedure that people have to go through is an issue, the police are in a tricky situation because they have to adhere to the letter of the law.
“It’s the law that’s the problem, I’m close to £1,000 out of pocket which is quite degrading.
“I’m not painting myself out to be a saint but I sponsor three local football teams, a sports club and the local bowling club, I do a lot in the community.
“The law has been applied but it does not seem like justice has been done.” Police Scotland said they do not comment on individual court cases.
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