By Graeme Strachan and Maura Bowman

THE CROWN Office last night defended its decision to pursue a “quite appalling” Dundee assault and robbery case through the courts on a less serious summary complaint.

Sheriff Richard Davidson hit out while dealing with the case of two men who assaulted and robbed a 57-year-old disabled man as he collected money from the post office for a neighbour.

He said he was “extraordinarily disappointed” that the case was being dealt with in this way and felt it must be a matter of great concern to the public that the Crown locally felt it appropriate to pursue the matter on a summary complaint.

Last night a Crown Office spokesperson defended the decision of the city’s prosecutors and accused Sheriff Davidson of failing to utilise his “full sentencing powers.”

“Sheriffs now have increased sentencing powers and can therefore deal with a wider range of cases than they may have done previously in the summary court,” a Crown Office spokesperson said.

“We note the comments made by the sheriff in relation to this case, and note that he did not utilise his full sentencing powers available to him under summary procedure, which he would have been entitled to do.”

Stephen Joseph Barker (28), and Stephen James Ferguson (36), both of Red Admiral Court, admitted assaulting Robert Heath in Aberlady Crescent on March 27 and robbing him of £150, while Ferguson was on bail.

Depute fiscal Shona McJannett said that Mr Heath was collecting cash on behalf of his disabled neighbour.

He was approached by Barker and Ferguson who accompanied him to the post office and waited outside while he collected the money.

As he was walking along Aberlady Crescent he was grabbed from behind by Barker and tried to struggle.

Barker shouted, “Give me your money,” but Mr Heath refused as the cash did not belong to him.

Barker continued to shout, “Give me a tenner or at least a fiver,” before pulling Mr Heath to the ground.

Mr Heath shouted for help as Barker tried to prise the money from his grasp by kicking and biting his hand, causing it to bleed.

Mr Heath’s jacket was also torn in the tussle.

Mr Heath managed to walk on along Aberlady Crescent, but as he neared the junction with Berwick Drive he was assaulted by Barker and Ferguson and was pushed into shrubbery and kicked.

Barker continued to shout, “Give us a fiver or a tenner or we’ll take it off you,” Miss McJannett went on.

Mr Heath continued to refuse and Barker then pulled the bundle of cash from his hand leaving him holding just a torn £10 note.

At that, both of his attackers ran off.

Sheriff Davidson noted that Barker had seven previous convictions for offences of dishonesty, while Ferguson had 10, and asked “what genius” at the Crown had considered it appropriate to being such a case on a less serious summary complaint.

He said he was “at a loss to understand” why the accused did not appear before him on indictment, which had the potential for longer sentences.

He said he was extraordinarily disappointed that the case was being dealt with in this way and felt it must be a matter of great concern to the public that the Crown locally felt it appropriate to pursue the matter on a summary complaint.

Sheriff Davidson added that it was a quite appalling incident.

He said it was clear that Ferguson and Barker knew Mr Heath and where he was going, and it was obvious the offence was premeditated.

The sheriff sentenced Barker to nine months in prison, backdated to March 28.

He noted that Ferguson is already the subject of two previous court orders and as a result he had to obtain background reports before proceeding to sentence him.

He deferred sentence in his case to May 23 and remanded him in custody until then.

On Friday, Sheriff Davidson accused prosecutors of appearing to treat victims of serious attacks with contempt.

He was stinging in his criticism of the decision to bring an assault case—that involved kicks to a man’s head—before his court as a less-serious summary matter.