Court / Court round-up 15 January
A DUMFRIESSHIRE man has appeared in private at Lerwick Sheriff Court charged with sexual assault by penetration.
Gavin Bruce, 39, made no plea at court on Wednesday and was committed for further examination.
He was released on bail. No date was given for his next court appearance.
SENTENCE has been deferred to decide if a dog which attacked another dog and its owner should be destroyed.
Barry Coutts, 28, admitted being the owner of a dog which was “dangerously out of control” in Lerwick’s Mounthooly Street on 5 September 2023.
The animal, described as a “black lurcher type” dog, set upon the complainer’s dog outside the Lounge Bar while left outside.
Lerwick Sheriff Court heard the complainer had seen Coutts’ dog and tried to go in a different direction, as it had previously behaved aggressively towards his dog.
However Coutts’ dog ran after the other animal and attacked it, with procurator fiscal Duncan Mackenzie saying it was “relentless in its attack”.
The complainer was trying to punch and kick the dog to get it to stop, but it would not.
A passer-by then attempted to help, but when she did Coutts’ dog bit the complainer on his hand to his injury.
He required medical attention at the Gilbert Bain Hospital to treat the wound on his knuckle and finger.
The passer-by then went into The Lounge and told Coutts what had happened, at which point he immediately left and spoke to police.
Sheriff Ian Cruickshank asked whether he may need to seek a destruction order.
Defence agent Tommy Allan said the dog, which is now more than eight years old, had “not been in any other trouble”.
He pointed out this was not a so-called dangerous dog breed, and had not been involved in any incidents since the attack almost 18 months ago.
Sheriff Cruickshank asked if Allan was aware if any measures were in place at Coutts’ home address in Cunningsburgh for keeping the dog under control.
Allan said he did not know of any such measures.
After adjourning the matter until later in the court, the sheriff said this was an “aggravated offence”.
He said the starting point for such an offence was for the dog to be destroyed, unless he could be persuaded it was not dangerous.
The case was adjourned until 22 February for Coutts to make the case in the dog’s defence.
A DRIVER who twice took to the road just months after being banned for almost four years has been ordered to carry out unpaid work.
Shyren Batziris, 21, was disqualified from driving for three years and nine months in January 2024 after admitting a charge of dangerous driving.
But he was then caught driving near his Sandwick home at Houlland Lea on 13 and 22 May of the same year.
Batziris’ ban came after he caused “horrendous” injuries to a passenger after smashing a car into a crash barrier at Quarff in January 2023.
He had previously admitted to driving twice after being disqualified, and returned to Lerwick Sheriff Court for sentencing on Wednesday.
Defence agent Tommy Allan said a social work report before the court showed Batziris was “prone to compulsive behaviour”.
While he said it may look like Batziris had shown a “disregard” for the court’s orders, he said the young man recognised and took “full responsibility” for his actions.
He said Batziris was “not the same as most people when it comes to consequences” it appeared, but the seriousness of his offending had been pressed home to him.
“I’ve stressed to him he’s in a serious position,” Allan said.
Sheriff Ian Cruickshank decided to place Batziris under supervision for a period of 12 months and ordered him to carry out 180 hours of unpaid work within the next year.
He was also banned from driving for 15 months.
A MAN who admitted subjecting a woman to more than five years of abuse has had his sentence deferred for background reports.
Bernard Gartland, of Bixter, embarked on a course of abusive behaviour between 1 January 2019 and 12 April 2024 at various addresses in Lerwick.
Lerwick Sheriff Court heard Gartland had stated his desire for his partner or ex-partner to be injured, made threats and behaved aggressively towards her.
The 33 year old also constantly phoned and messaged her, demanded to know where she was and accused her of infidelity.
Sheriff Ian Cruickshank deferred sentencing for the preparation of a criminal justice social work report, at which point a full narrative and mitigation will be heard.
Gartland will return for sentencing on 19 February.
A YOUNG man more used to driving trucks almost caused a crash after driving at “carelessly excessive speed” through a Lerwick roundabout.
Brandon Jarrett, from Walls, admitted the charge after an incident at the South Lochside roundabout – outside Tesco – on 30 May last year.
There was a “screeching of tires” and the 22 year old mounted a pavement as he tried to avoid a collision, Lerwick Sheriff Court was told.
Procurator fiscal Duncan Mackenzie said Jarrett had been leaving from the Tesco junction at around 5.15pm, but approached the roundabout at “too great a speed to negotiate it safely”.
He almost drove into the path of an oncoming vehicle, and after “narrowly missing that” he had over-corrected and ended up mounting a kerb.
Only then did Jarrett gain full control of the vehicle again.
Defence agent Tommy Allan said his client was simply “going too fast”, and that he was lucky no-one was injured.
Jarrett’s defence was that he was “used to driving a heavier vehicle”, Allan said, having worked as a truck driver.
He told the court Jarrett was now banned from driving for a separate matter, but had “driven for about four years before having a blip” with two offences.
Sheriff Ian Cruickshank fined Jarrett £640, and banned him from driving for four months.
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