A MAN who threw an axe at a moving car with a toddler inside on a major South Ayrshire road pleaded guilty after concerns that the former Marine who had been 'living wild' was unfit to stand trial.

Damien Battison admitted charges of culpable and reckless conduct, possession of a bladed weapon, and assaulting police after the "terrifying" incident on the A77 at Ballantrae.

The 42-year-old stood on the road and chucked an axe at the vehicle as it passed by on August 5 last year - while the car was occupied by a couple and their grandson, aged two at the time.

Battison later assaulted a female constable at Kilmarnock police office by spitting at her, causing spit and an elastic band to land on the officer's face.

We previously reported that Battison, whose address was listed as HMP Kilmarnock, was receiving care at Ayrshire's Woodland View mental health facility, and it was "unclear" if he would be fit to stand trial.

However, Battison, who was assisted into the dock by security with his arm in a sling under his jumper and wearing sunglasses, later confirmed guilty pleas when he appeared at Ayr Sheriff Court earlier this month.

Procurator fiscal depute Alasdair Millar said: "At 1.20pm the witnesses were traveling in their motor vehicle with their two-year-old grandson, heading southbound from Ballantrae in the direction of Cairnryan.

"They observed the accused who was standing in the middle of the road.

"He repeatedly looked backwards then turned towards the vehicle with his arm raised above his head with a small axe. 

"He then threw it in their direction, going underneath the vehicle.

"They drove off from the accused terrified by the accused's actions and safeguarding their grandson.

"Police attended and traced the accused at a bus stop. He was searched and an axe was recovered. He was arrested and conveyed to Kilmarnock police station."

The prosecutor added: "At 7.40am the accused was in his cell and requested food via the cell buzzer. A police witness attended and observed the accused with elastic bands round his fingers and she requested he give her the elastic bands. He refused. 

"Further police attended the accused's cell and made attempts for the accused to surrender the elastic bands.  

"These failed and they entered the cell and he handed over one. A search was then carried out to locate the other elastic band and he then spat it out striking her."

Defence solicitor Quentin Muir said: "This is a very difficult case. He is a 43-year-old man originally of the Skegness area.

"He was in various reports a Royal Marine Commando at one stage and disengaged from normal life during the pandemic and camped roughly, first in the north of Scotland and then Ayrshire.

"He has had a difficult mental health history for much of his life. He has been in custody one way or the other since August 7 last year and in effect served the equivalent of a two-year sentence.

"I'm hesitant to go further than that. He is a man with obvious difficulties but I'm not sure how best they can be addressed.

"This would have been a terrifying episode for the grandparents and grandson."

Battison was heard to make snoring noises during the hearing.

Sheriff Mhairi MacTaggart said: "This must have been very, very frightening and unprovoked conduct what he did to this family, having the axe on him is serious and his behaviour to the police is serious."

He was jailed for 32 months backdated to August 7, 2023 when first remanded.