Richard Greenhowe took his case to the Court of Appeal after he was convicted of recklessly disturbing whales and dolphins earlier this year.
The incident was captured on CCTV and shows Jamie Dingwall brandishing a knife at the shop worker.
Two ambulances and two fire engines were sent to the scene shortly before midday.
A woman was taken to Aberdeen Royal Infirmary after the incident on Monday.
Business Improvement District manager Derek Ritchie has hailed the proposals, which will create a 10 jobs and upskill hundreds right on the doorstep of the Garioch town.
Allen Martin, 69, had claimed he had a "prostate issue" and had pulled down his trousers in what his solicitor called an "almighty risk that backfired spectacularly".
The new spa facilities at Douneside House are due to open in mid-April 2027.
Several coastguard crews assisted the police-led search in the early hours of Tuesday morning.
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