Aberdeen businessman defrauded firms and stole agricultural machinery including tractors worth £630,000

A businessman has been found guilty of a scam which saw him defraud and steal agricultural machinery from Scottish firms.

Barry Mackland, 50, caused businesses based in the north east to sustain losses of £630,000 throughout 2022.

The High Court in Edinburgh heard how Mackland, of Aberdeen, stole tractors from a company and sold them to a third party, pocketing the cash.

He also pretended to other businesses that the cheques he presented to them would be honoured if they were handed over at a bank.

However, these companies lost out as there were insufficient funds in Mackland’s account to make the payments, but he would still obtain machinery worth tens of thousands of pounds.

Mackland denied any wrongdoing or breaking the law. His lawyers claimed he had sustained debts which he couldn’t pay back.

Prosecutors originally charged him with causing businesses to sustain £1,778,115 of losses.

But jurors acquitted him of a number of charges whilst convicting him on four charges of theft and fraud.

Prosecutors are now set to launch an action against Mackland under the Proceeds of Crime Act in a bid to recover the money.

Judge Lord Harrower deferred sentence for the court to obtain a report about Mackland’s background and character.

Lord Harrower told him: “These are very serious charges. According to my calculations, you have caused businesses to sustain losses of £630,000.

“Fraud strikes at and erodes the basis of trust upon which all business depend upon.”

During proceedings, the court heard how Mackland turned up at the premises of Barctrac Ltd in Forfar on February 23, 2022.

He then removed two tractors from the premises of the firm without obtaining consent from staff at the business.

He sold the machines to a third party without the consent of the machine’s owners.

The court heard how Mackland then made £83,100 by theft.

Jurors heard evidence about how, on various occasions between March 4, 2022, and May 11, 2022, at locations in Aberdeen and a firm in Forfar, Mackland committed another crime.

Mackland pretended to Gammies Groundcare Ltd that cheques presented by him in the name of his business, The Firm of Barry Kenneth Mackland, would be honoured at the bank.

Mackland then induced Leslie Gammie to supply him with machinery by paying him by cheque.

The court heard that there were insufficient funds in Mackland’s account to pay for the items – he then received machinery worth £179,295.60 from Gammie’s Groundcare Limited.

On various occasions between March 17, 2022, and April 7, 2022, Mackland repeatedly pretended to Derek Meston, of DM Forklifts Limited, that cheques presented by him would also be honoured.

He then obtained machines from the company worth £320,400 and sold them to third parties when the cheques bounced.

The court also heard that between May 10, 2022, and June 15, 2022, Mackland pretended to Richard Setchfield, of RC Setchfield Limited, that he would supply him with a JCB Telehandler.

The court heard that Mackland then induced Mr Setchfield to pay £52,200 for the JCB Telehandler and that he obtained the cash fraudulently.

Police learned about Mackland’s scheme and launched an investigation against him. Detectives found enough evidence to bring Mackland to court.

During proceedings, the court heard prosecutor Colin Edward KC urge jurors to convict Mackland of the charges against him on the indictment.

He added: “He must have known the cheques which he presented could not be satisfied.”

Defence lawyer David Moggach KC told the jury that his client hadn’t committed fraud or theft but was unable to repay debts which he had accrued during business.

He said this didn’t amount to breaking the law.

Mr Moggach added: “Fraud does not extend to a simple failure to pay your debts. You can incur debts for a variety of reasons – none of them made fraudulently.

“And that’s what I say to you we have here.”

A proceeds of crime action will be called against Mackland later this year.

Lord Harrower allowed Mackland bail. He is expected to be sentenced at the High Court in Glasgow on August 14, 2025.