A TORY councillor has been given a police warning after a row with a council cleansing department worker who refused to empty his garden waste bin which he said contained prohibited material.

The incident happened on October 31 when Angus Council employee John Robertson was working on a bin round in Letham, near Forfar. He and his team were emptying green bins containing garden waste, but one of them caught Robertson’s attention.

He said the bin contained earth, which he could not empty because it would contaminate the material already in the bin lorry and scheduled for recycling.

Angus Council is run by a coalition administration of eight Tory councillors, six independent members and one LibDem.

Its regulations specifically state that “soil, turf or rubble” should not be put into the green bin, but taken to a recycling centre.

However, as he was writing out a slip explaining why the bin was not being emptied, Robertson said he was approached by Tory Councillor David Lumgair, who represents the Arbroath West, Letham and Friockheim ward.

Robertson told The National: “There was soil in his bin for garden waste and we don’t take that.

“He claimed it was peat, but it wasn’t – it was earth.

“This was really a lot of fuss over nothing.

“But he asked if I knew who he was, and then told me he was the local councillor for the area.

“I had a ticket stating the reason for refusing to empty the bin and he grabbed my wrist and snatched it out of my hand.

“It was unwarranted physical contact, so I complained to the police.”

Robertson did complain to Police Scotland and to his employer, but heard nothing further until late last month.

At that point he says he received a voicemail message on his phone from another councillor, David Fairweather, the leader of Angus Council.

“He wanted to try to get me to drop the complaint – not the complaint to the police but the one to the council,” said Robertson.

“He phoned and left a message saying that he wanted to meet me to discuss the matter, so we met at the Station Bar in Arbroath.

“Fairweather is David Lumgair’s fellow councillor and said to me that he [Lumgair] is 77, hadn’t slept for three weeks, wasn’t able to eat properly and had been sick over the issue.

“Basically he was trying to put me on a guilt trip.”

Robertson added: “I was disgusted with his attitude, but I said I’d think about what he said and left the pub.

“He hasn’t been in touch with me again and I’m off sick at the moment.”

The National tried to speak to Lumgair, but he told us: “I’ve no comment on that. It’s in the hands of the solicitors.”

We then called Fairweather, who said: “I’m sorry I can’t speak about that, it’s actually in the hands of legal [sic] so I’m going to have to cut off your call.”

A spokesperson for Angus Council said: “As this is an ongoing matter, we are unable to comment.”

However, Police Scotland confirmed that action had been taken. A force spokesperson said: “Police Scotland can confirm that a 77-year-old man was given a recorded Police Warning following a minor altercation on Thursday 31 October 2019, in Letham.”

A Police Warning can be challenged by anyone offered it provided they do so within 28 days. In such circumstances, the case may proceed to a court to determine the issue.