Court / Court round-up 31 October
A DRINK-DRIVER who crashed his van while more than three times the limit tried to drive off from the scene with parts of the vehicle dragging along the ground.
Ralph Cuthbertson, from Bedlington in Northumberland, crashed the van into a roadside barrier at the Brig o’ Fitch at around 2.30am on 6 October this year.
People passing by were alerted to the accident, and asked Cuthbertson if he needed some help.
But he waved away the assistance and got back into the damaged van, driving it as far north as Girlsta before police caught up with him.
Procurator fiscal Duncan Mackenzie said police could hear “loud scraping noises” coming from the van long before they managed to find him.
Cuthbertson, 52, admitted driving while over the drink-driving limit and driving a vehicle which was dragging parts along the road dangerously.
He had 73 microgrammes of alcohol in 100ml of breath when breathalysed by police, with the limit being 22 microgrammes.
Defence agent Tommy Allan said his client had lost his job of 10 years following the charge.
Cuthbertson had been working for 28 straight days before the incident, his solicitor said, with his employer requiring him to take a day off before his next 28 days on.
The man and his co-workers came to Lerwick to drink, and though a taxi had been booked to take them home they sent it away because they were enjoying themselves so much, the court heard.
“Clearly drink was involved in that very unwise decision,” Allan said.
Cuthbertson decided at the end of the night to take the van back up to where they were staying.
He said his client realised this was “not acceptable”, and apologised for his behaviour.
Sheriff Ian Cruickshank said he had seen photos of the condition of the van after the accident.
“It’s quite a feat that you managed to drive that van at all,” he told Cuthbertson.
The sheriff fined Cuthbertson £1,040 and banned him from driving for 12 months. He will also have to sit the extended test of competence to regain his licence.
A DIVER who refused to be breathalysed by police following an accident was banned from the road, despite giving an “eloquent” plea in mitigation.
Michal Slupianek, 40, admitted failing to give two specimens of breath to police after a crash at the Bigton junction on 5 October.
Slupianek, from Gainsborough Road, Upton, chose to represent himself and gave a lengthy and detailed description of his love for Shetland.
He said there had been a “misunderstanding” between himself and the police following the incident, but admitted he had refused to be breathalysed.
Slupianek said the officers “did a great job”, and he apologised to everyone in court “for wasting their time”.
He said he had come to Shetland as a commercial diver, and had fallen in love with the isles.
“You have beautiful sunsets, sunrises, lobsters and seals,” he said.
He told the court he was hoping to move to Shetland with his family soon.
Slupianek said it would be “almost impossible” to find a job without a driving licence, explaining he would sometimes be called and told to get across the country the next day.
However, he added: “I know I did wrong, there is no excuse for this. “I deserve the punishment.”
Sheriff Ian Cruickshank praised him for his “very eloquent plea in mitigation”.
But he told him that the charge came with a mandatory ban from driving regardless.
He banned Slupianek from driving for 12 months, though he can reduce this to nine months if he takes the drink-drivers awareness course.
Slupianek was also fined £320.
TWO MEN who have twice been given more time to pay back £25,000 that they stole have been ordered to carry out unpaid work instead.
Ian and Michael Herridge, both of Assater in Hillswick, were told in November 2022 to pay back the sum to a man they had stolen from between July 2020 and January 2021.
The pair admitted stealing the money through around 150 individual transactions to pay off debts and feed a drug addiction, Lerwick Sheriff Court previously heard.
They were given more time to pay the money back in May 2023, and again in May this year were given another six months to make progress.
Defence agent Tommy Allan said that Michael Herridge, 43, has had “some health difficulties at the moment” which have prevented him from working.
His father, who is 71, “can only do so much” to pay the money back, Allan added.
Allan said the money being paid back was “not quite at the level” requested by the court, but was “not far off”.
However, Sheriff Ian Cruickshank said he had “heard that before several times”.
He told Allan it may not be his client’s fault for being unable to work, but that was “the reality” of the situation.
The sheriff said he wanted to “draw a line” under the case, and imposed hours of unpaid work as an alternative to a financial penalty.
He ordered the two men to carry out 100 hours of unpaid work each, within the next 12 months.
A DRIVER who police could smell alcohol on after a routine insurance check has lost his licence.
Police stopped Brian Gray, of Wester Skeld, on 17 September at the Brig o’ Fitch after a check revealed his vehicle had no MOT or insurance.
When they did, they detected a smell of alcohol coming from him.
A breathalyser test revealed Gray, 57, was over the drink-driving limit – with 36 microgrammes of alcohol in 100ml of breath.
The limit is 22 microgrammes.
He admitted driving while over the alcohol limit, and without a test certificate or insurance.
Sheriff Ian Cruickshank banned him from driving for a year, though he can reduce this by a quarter if he takes the drink-drivers awareness course.
He was also fined £520.
A SIXTY three year old man who told an old friend he would kill him while holding a knife has been fined at Lerwick Sheriff Court.
Jeffrey Edwards, of Veester Hill, Sandwick, admitted a charge of threatening or abusive behaviour.
The court heard that Edwards had made the threat while holding the knife after drinking with his friend at his home address on 10 May.
The “alarmed” man had “effectively fled” the house, procurator fiscal Duncan Mackenzie said.
Defence agent Tommy Allan said the complainer was someone who had “come back” into Edwards’ life, and had gone to visit him.
However, after drink was taken “old sores resurfaced”.
Allan said Edwards no longer had any contact with the former friend.
Sheriff Ian Cruickshank fined Edwards £420.
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