AN AYRSHIRE business boss who repeatedly flouted a non-harassment order has avoided a jail term.
Alastair Dick, who is the director of Alastair Dick Tarmac, was appearing at Kilmarnock Sheriff Court after pleading guilty to a charge in relation to breaching a non-harassment order (NHO) placed upon him by the court back in July.
Between then and appearing in the dock on Thursday, August 10, he had been awaiting his sentence in a prison cell - after what even his own defence solicitor described as “the most flagrant breach of a non-harassment order I have ever seen”.
Dick was placed on the NHO at Kilmarnock Sheriff Court on September 30, 2022.
The same day, he breached the order for the first time - something which became a habit over a further period of nine months.
As part of the order, Dick was required to refrain from contacting or approaching his former partner.
But as court papers describe, he did this "repeatedly" between September 30, 2022 and June 29, 2023 - both at his ex-partner's place of work and home address.
The pattern of behaviour was one which his own solicitor found it challenging to justify.
But he did assure Sheriff Colin Bissett that his client had learned his lesson after spending 34 days in prison after his guilty plea.
He said that "success has sometimes made him (Dick) feel self-entitled” though that he could now accept that his behaviour was "abhorrent" and "disgusting".
The defence solicitor added: "He is a man who has done well in business and life and has perhaps forgotten his place."
The court had previously heard how Dick, 40, had started his company from scratch in 2013 - and is now highly successful, employing 55 members of staff.
But with its director behind bars, the court heard how the company had been struggling over the past 34 days.
Dick's defence solicitor said the time had been a "humbling experience" and that the tarmac company boss was now "petrified that a longer period of imprisonment is imposed”.
“He is going to have to show his current partner that he can move on,” he added.
And as Sheriff Bissett passed his judgement - Dick, of Earlston, got his wish - just.
Sheriff Bissett said: "This is about as flagrant a breach of a court order as possible to envisage.
"It came on the very day you were made subject to that order and continued for a further nine months.
"This certainly passes the threshold for a custodial sentence.
“You should have come to your senses a lot more quickly than you did.”
Though the court sheriff was willing to give Dick one last chance and ordered him to complete 175 hours of unpaid work in the next 12 months - as an alternative to custody.
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