A FORMER footballer who admitted sending messages threatening to kill his estranged wife and the senior police officer she was having an affair with has failed in his bid to avoid having a criminal conviction.

Forty-nine-year-old Lee Makel – who used to play for Blackburn Rovers, Hearts and Livingston – pleaded guilty at Jedburgh Sheriff Court to threatening and abusive behaviour towards his ex-partner Claire Makel and former Police Scotland chief superintendent Gareth Blair.

But his lawyer urged for an absolute discharge – which does not count as a criminal conviction – to be granted which would allow Makel to have clear disclosure and would be able to provide football coaching to American students as future employment.

However Sheriff Peter Paterson decided to impose an admonition – which is no punishment but will appear on an offender's criminal record – and also a Non-Harassment Order for two years forbidding any contact with his former wife apart from child care issues.

He said: "Entirely appropriately Parliament and society takes a dim view of any form of abuse particularly that which is aggravated involving a partner or ex-partner. It is not appropriate to grant an absolute discharge when there is a threat to kill."

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Makel – who was excused attendance at the sentencing diet – had admitted at a previous hearing repeatedly sending messages to Claire that were abusive and threatening including threatening to kill her and Mr Blair and did further send abusive messages about him.

The offence happened at the former marital home in Lauder, and elsewhere between June and September 2019.

Defence lawyer Jennifer Cameron said the offence happened at the time when there had been "significant publicity" about his wife and Mr Blair "participating in public indecency at the Hermiston Gait park and ride car park".

Fifty-one-year-old Mr Blair – who was the divisional policing commander for Edinburgh – was later fined £750 for public indecency and Claire Makel, 44, had her plea of not guilty accepted.

Ms Cameron told this week's hearing that her client had already suffered an element of punishment with two periods in police custody, had lost his football coaching employment and had suffered considerable stress.

She said there was no need for a Non-Harassment Order as Makel had moved away from Lauder and was now living with a new partner in York.

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Ms Cameron said there had been no breach of bail conditions and the offence was committed more than three years ago.

She added that her client had the prospect of coaching American students but required clear disclosure in order to do this.

But procurator fiscal Alasdair Fay said he had been asked to contact Makel's ex-wife to get her views on the imposition of a Non-Harassment Order.

Mr Fay said: "She said she was absolutely terrified of Mr Makel. She was in tears and extremely distressed."

He added that Ms Makel felt it would be a "kick in the teeth" if a Non-Harassment Order was not granted.

Ms Cameron told the previous hearing that abusive messages were sent to Ms Makel when Makel was on holiday in Dubai with neighbours.

She said he had been drinking at the time and apologised the next day.

Ms Cameron said he had hoped for a reconciliation with his wife but he was sent messages by Mr Blair's wife who said steps had been taken to divide property and he felt he had been deceived by Claire Makel on what was happening.

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She continued: "On reflection he was having some sort of a breakdown. He is a family man and was very much in love with his wife. They had been married for 10 years and been together for 15 years with two children."

Mr Fay earlier said there had been an unfortunate set of circumstances behind the offence following the breakdown of the Makels' marriage which took place in the public eye.

The couple continued to live together in Lauder but details and publicity of the affair with Mr Blair caused "a great deal of friction".

Mr Fay said on June 14, 2019, Makel sent a series of messages which had caused Claire Makel alarm and distress but as Makel was out of the country at the time she did not feel threatened.

When he returned from Dubai a week later messages were sent to Claire Makel which contained explicit threats to kill her and Mr Blair.

Mr Fay said that on September 1, 2019, further messages were sent to Claire Makel which caused anxiety and led to the matter being reported to the police.

Makel was admonished for the offence with a two-year Non-Harassment Order imposed.