Court / Court round-up 1 August
A TEENAGER from Cunningsburgh has been encouraged to think “long and hard” about his behaviour after admitting spitting at police officers.
Dougray Bain, 18, appeared at Lerwick Sheriff Court to plead guilty to three offences which all took place in the town on 31 March.
The first charge said he failed to leave the Trench bar when instructed to by police, shouted and swore and struggled violently with officers, repeatedly spat within a police vehicle, and kicked and struck the interior of the vehicle.
Bain also admitted spitting on two police constables at Trench.
Procurator fiscal Duncan Mackenzie said the incident began at around 1.40am, when police who were in attendance at Trench exercised powers under drugs law to search Bain.
Afterwards he was told not to re-enter Trench due to his intoxication, but Bain tried to get back in. The court heard that the teenager was prevented by two police officers.
A struggle then ensued, with attempts made to restrain Bain and more police officers drafted in to assist. Officers ended up having to use a spit hood on him.
The case was adjourned until 28 August to allow the preparation of a criminal justice social work report, with Bain’s defence due to speak in mitigation at the next hearing.
Sheriff Ian Cruickshank called out the “unsavoury propensity” from some to spit on police officers and encouraged Bain to think hard about his conduct before the next hearing.
“I do not appreciate people who act towards police officers in this manner,” he said.
A DISCIPLINARY produce was initiated against a public bus driver who undertook a “precarious” overtake manoeuvre on the A970, Lerwick Sheriff Court heard on Wednesday.
Michael Morris, of Aith, appeared at the court on Wednesday to admit a charge of careless driving which took place on the A970 near to the Kergord junction on 17 February shortly before 9am.
The charge stated that he tailgated the preceding vehicle and performed an overtake manoeuvre on a blind bend before returning to the correct carriage in such a manner that the other vehicle was required to brake to avoid a collision.
Sheriff Ian Cruickshank stopped short of disqualifying the 48-year-old, and instead gave him nine penalty points as well as a £500 fine.
Procurator fiscal Duncan Mackenzie said the driver was “frustrated” by a pick-up and trailer in front and attempted to overtake, which he described as a slow process. There were no oncoming vehicles, he added.
Defence agent Tommy Allan said his client, who had driven buses for 20-plus years, ended up having a “judgment call” to make as to whether to drive on to complete the overtake, or to pull back.
Although there was a feeling that the preceding vehicle had pulled out in front of the bus and slowed it down, he said Morris now knows that it was not up to the required standard of driving.
The court also heard that a disciplinary procedure was initiated and that Morris had resigned, but Allan said the resignation was not due to this reason.
A TWENTY two year old man has lost his licence for a year for drink-driving – and been handed fines totalling £1,000 after using a friend’s car without their consent.
Brandon Jarrett, of Walls, appeared at Lerwick Sheriff Court on Wednesday to admit stealing car keys at an address in the town on 15 June before using the vehicle without consent and then driving over the limit.
His alcohol reading was 58 microgrammes per 100ml of breath, with the limit being 22.
Procurator fiscal Duncan Mackenzie said Jarrett had tried to get the keys off a friend, who resisted due to his intoxication – but he eventually got a hold of them.
He said Jarrett drove a short distance in Lerwick before colliding with a wall.
Defence agent Tommy Allan said the vehicle involved was actually a car his client – a former HGV driver – had sold on, but for “some reason” he still felt he was entitled to some form of ownership.
He told court that following the damage to the car as a result of the incident, Jarrett paid back the £1,500 he received for the vehicle.
Sheriff Cruickshank said Jarrett’s driving disqualification can be reduced by one quarter if he completes a drink driving rehabilitation course.
A MAN from Dundee has been given a financial penalty totalling more than £1,000 for assaulting two people in Lerwick earlier this year.
Dylan Divers, 22, of Pitkerro Drive, pleaded guilty by letter to assaulting two men in Lerwick on 4 February.
Procurator fiscal Duncan Mackenzie told Lerwick Sheriff Court on Wednesday that the incident happened at around 12.15am.
The first victim was walking with a friend and was approached by Divers, who was unknown to him.
The accused asked the man to come closer to him, and he grabbed his clothes and butted him on the nose.
Around half an hour later Divers also punched a man on the face, causing him to fall to the ground. Neither of the victims suffered injuries.
In a letter, his defence said that Divers had been drinking and that his behaviour was not reflective of his usual character.
Sheriff Ian Cruickshank fined Divers a total of £800 for both assaults, and ordered him to pay a total of £300 in compensation.
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