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Court / Court round-up 3 July

A MAN has lost his driving licence for 12 months after being found in charge of a vehicle whilst nearly four times the alcohol limit.

Procurator fiscal Duncan Mackenzie told Lerwick Sheriff Court on Wednesday that James Macdonald was found by police at around 1am on 3 June “apparently sleeping” in the driver’s seat of a car parked in a bus stop on the town’s South Road which had its engine running and lights on.

The 28-year-old’s alcohol reading was 80 microgrammes of alcohol in 100ml of breath, with the limit being 22.

Defence agent Tommy Allan said the civil engineer, whose address was given as Randolph Rd in Glasgow, had been drinking that night and said the incident has been a “wake-up call” regarding his use of alcohol.

Sheriff Ian Cruickshank disqualified Macdonald for 12 months and fined him £600, with a victim surcharge of £40 to be added on top. The disqualification can be reduced by one quarter if he completes a drink drivers’ rehab course.


A MAN who lives in “constant pain” following an injury has been fined after admitting possessing cannabis.

David Sukhram, of Virkie, pleaded guilty to possessing and producing the class B drug at his home address on 28 March.

At Lerwick Sheriff Court on Wednesday procurator fiscal Duncan Mackenzie said cannabis weighing less than five grams – which had a value of around £50 – was found at the 62-year-old’s home following a search by police.

Defence agent Tommy Allan said his client previously suffered a severe spinal injury in an accident and was left wheelchair-bound and in constant pain.

He said he had used prescribed morphine more recently to help with this, but it had caused issues for example with sleep.

Allan added that Sukhram was in line to take part in a clinical medicinal cannabis trial.

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Sheriff Ian Cruickshank fined the 62-year-old £300 in total, with a victim surcharge of £20 added on top.


A TEENAGER has been disqualified from driving for 12 months and fined £500 after being found driving a motorbike in Lerwick while over the limit at three in the morning.

Procurator fiscal Duncan Mackenzie told court on Wednesday that police officers on patrol saw 18-year-old Barron Robertson, of Scalloway, with L plates and a passenger on his bike negotiate a roundabout in the town on 25 May this year.

A subsequent breath test came with a reading of 37 microgrammes of alcohol in 100ml of breath. The limit is 22.

Defence agent Tommy Allan said Robertson had consumed alcohol earlier in the night but had felt he was sober enough to drive. “He now realises this was not safe,” he added.

Sheriff Ian Cruickshank said the disqualification can be reduced by one quarter if Robertson completes a drink drivers’ rehab course. In addition to the fine a victim surcharge of £20 was also imposed.

He was admonished on charges relating to his provisional license and insurance.


A WOMAN who racially abused two of her care workers has been placed under supervision for 12 months.

Valeska Hunter, 41, of Sandveien in Lerwick, previously pleaded guilty at the town’s sheriff court on Wednesday to two racially aggravated offences which took place in a care home on 26 August and at her home address on 3 November last year.

Procurator fiscal Duncan Mackenzie said the language used by Hunter shocked and upset the two care workers.

The court heard that Hunter needs constant care following an injury and has complex needs, but defence agent Tommy Allan said “she knows what’s right and wrong”.

He said Hunter now accepts that she should not have used racially offensive language.

Sheriff Ian Cruickshank said it was “very serious and concerning offences” and said that Hunter must realise that people working to support her “deserve your respect”.

He said the community payback order was an alternative to a “significant” fine.


A NINETY one year old driver has been fined £400 and given three penalty points after a “classic misguided overtake manoeuvre”.

James Walterson, of Walls, admitted a charge of careless driving on the A970 near to the Gott junction on 25 March.

Procurator fiscal Duncan Mackenzie told Lerwick Sheriff Court on Wednesday that Walterson went to overtake a lorry in the face of an oncoming vehicle, which had to move into the verge to avoid collision.

Defence agent Tommy Allan said the lorry had a trailer and had only been going at around 20mph, but conceded it was perhaps not the best place to overtake.

In addition to the fine there was a £20 victim surcharged imposed too.

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