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Sergeant’s assault trial told alleged victim saw police as ‘fair game’ for attacking

Forfar Sheriff Court.
Forfar Sheriff Court.

An Angus man at the centre of a police cells assault trial has an “appalling record” of attacking officers, a court has heard.

Sergeant David Black, 49, appeared at Forfar Sheriff Court charged with grabbing John Brand by the throat and striking his face with his knee in Arbroath Police Station’s cells.

The second day of Black’s trial heard Mr Brand, 23, had a significant record of offending against police, emergency services, and prison officers and considered them “fair game” for assault at the time of the incident in 2013.

The court previously heard Mr Brand’s face was left a “mess” after he was alleged struck with Black’s knee.

Defence agent Alasdair Gillies asked Mr Brand whether he would have been known as a “violent, dangerous and unpredictable prisoner” during the time of the incident on October 10 – with which he agreed.

Mr Gillies asked the complainer whether he accepted Black placed his open hand on his collar bone instead of his neck to keep him from rising, and had raised his knee to protect his groin from a lunge, which Mr Brand denied.

Mr Gillies added: “How much force would you say Sgt Black hit your face with?”

Mr Brand replied: “Not that much (but) obviously I felt it and was bleeding for a couple days after.”

PC David Voigt, 33, was present in the cell to read out charges to Mr Brand when Black allegedly grabbed his throat, around 6am.

Following a tussle at the office charge bar at 2am, during which he attempted to butt Black, the complainer was sleeping in the observation cell when the two officers went to caution and charge him.

Mr Voigt said Mr Brand started to sit up and then moved as if he was going to stand up, which is when Black “restrained and took hold of him.”

The officer said he saw Mr Brand land two blows with his right fist on Black’s stab vest.

The situation calmed and both officers left the cell, but Mr Brand said that Black’s safety and that of his family was “at risk”.

The senior officer asked Mr Voigt for the cell key and went back in on his own.

“It was a superior officer asking for the cell keys. I had no reason to ask why,” he said.

Black, whose address in court papers is given as c/o the Police Service of Scotland, denies the charges.

The trial, before Sheriff Pino Di Emidio, continues.