A fabrication worker sprayed a colleague in the face with WD40 in a row about a new pair of overalls, a court heard last Tuesday (26 August).

However, James Burt (54) was cleared of assault after his defence lawyer argued that he had sprayed his subordinate, Mariusz Adamowicz (36), with the penetrating water-displacing oil by mistake.

Giving evidence at Burt’s trial at Alloa Sheriff Court, Adamowicz – known as Mario – claimed Burt, his supervisor, went into a “frenzy” after he went over his head to the “main boss” at Lemac Engineering in Tillicoultry to try and get new work overalls.

Adamowicz said he approached Burt on February 5 this year at work because his own overalls were dirty.

He claimed Burt, who was in charge of handing out work equipment and clothing, “didn’t want to listen” to him or give him the clothes so he went to the “main boss”, operations manager Rai Sciortino (35).

Mr Adamowicz told the court when he approached Mr Sciortino in his office Burt “went into a frenzy”.

He added, “He started shouting at me. He stood behind the main manager and he sprayed me twice with WD40.

“He’s never behaved in such an aggressive way in the past.

“First of all he sprayed me with the spray on my chest and I said to him if he sprays me again I will come back and – I don’t know if it was controlled or not – but the second time he sprayed me in the eye.

“He went at me with his hands and my boss pulled him away towards the wall.” Mr Adamowicz said he went to the doctor five days later because his eye was “burning” and he had “sensitive skin”. He was told to the keep the area clean and thereafter did not suffer any lasting problems.

He said that it was “possible” that the spraying could have been an accident, but afterwards Burt did not apologise and instead told him to leave the overalls and stop talking to Mr Sciortino.

Questioned by Burt’s defence lawyer, Robert Smith, Mr Adamowicz denied going straight to Mr Sciortino about the clothing problem. He said he had threatened to punch Burt after he was sprayed the first time.

Mr Sciortino, who also gave evidence, said a row broke out between the two men and Burt shouted at Mr Adamowicz, “Give the overalls back you little sh*t”, and ranted about him “going over his head”.

He said Burt then “produced a can of WD40 from his left hand and began spraying Mario in his chest and eyes”.

He added, “I grabbed Jim and pulled and I had to restrain him against the back wall. I grabbed his arms and put him up against the wall because he had the red mist. He was still shouting at Mario.” Mr Sciortino said he believed the first spray could have been a mistake, but did not think the second was “so coincidental”.

A third witness, David Monteith, said he saw the two men arguing about clothes but did not see anyone being sprayed.

He said, “I was laughing. I thought it was just a joke.” Burt, of Craigleith in Fishcross, denied assaulting Mr Adamowicz at their workplace by pushing him and spraying oil at his head and body, causing injury.

Sheriff Pino Di Emidio found him not guilty, stating, “In the circumstances I’ve concluded that there is sufficient reasonable doubt to allow me to acquit you in this matter.”