Man was targeted when his ute was seen parked by the side of the road at Henty

The incident involving Shepparton man Christopher James Kennedy took place around the Henty area on February 18.

Albury Local Court has heard that Kennedy became so spooked he veered to the wrong side of the road in trying to evade the driver of the other utility.

At one point, police said, he raised his hands "in a gesture indicative" of: "What are you doing following me?"

The other driver worked for the Australian Rail Track Corporation, the court heard, and had begun following Kennedy after seeing his utility parked on the side of the Back Henty Road.

The driver was suspicious of Kennedy because of a recent spate of copper wire thefts from ARTC infrastructure near nearby rail lines.

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But Kennedy, now 53, of the southern Shepparton suburb of Kialla, became alarmed by the ARTC driver after he carried out least three U-turns while trying to keep up with him.

Kennedy pleaded guilty before magistrate Sally McLaughlin to a single charge of negligent driving.

Defence lawyer Glenn Moody said his client had quickly formed the impression he was being followed for no good reason.

"On three occasions he's tried to indicate to the people to move on and asked 'why are you following me?'," he said.

Mr Moody submitted to Ms McLaughlin that his client had committed a "low-level" example of such offending.

She noted how Kennedy's ended up in an oncoming lane, pointed out she noted "the unusual circumstances you find yourself in".

The driver of the ARTC became aware that police were approaching the area in response to a report about Kennedy, but kept following him.

He then passed Kennedy's parked ute.

"The driver of the ute (Kennedy) began waving his arms around more frantically than before, with the witnesses now becoming concerned for their safety."

Kennedy was placed on a six-month conditional release order, without conviction.

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