A sheriff giving evidence in a police perjury trial said two officers told him their failure to record that a man they were arresting deliberately headbutted a wall had been an “oversight”.
Steven Harker and Gordon Butchart are on trial in Dundee accused of assaulting Michael Wallace as they arrested him and then lying about it in court.
They claim a red mark left on Mr Wallace’s head during his arrest in Dunfermline in 2018 was self-inflicted.
However, Sheriff James MacDonald said on Wednesday he had had to clarify this during Mr Wallace’s subsequent trial, over which he presided.
The current trial has previously seen a picture of the mark left on Mr Wallace’s forehead.
He claims it was caused by his head being force into a wall with “a lot” of force by the police.
‘Wasn’t satisfied I was getting a full answer’
Sheriff MacDonald, 52, said on Wednesday, that during Mr Wallace’s trial at Dunfermline Sheriff Court in June, 2019, he asked Harker why his claim Mr Wallace had headbutted the wall deliberately was not mentioned in his statement on the chaotic arrest.
He said, “I asked why his statement didn’t mention the deliberate headbutt.
“He said it was an oversight on his part, an error.
“I asked whether or not he agreed that was an important issue.
“I asked him to explain why it was an important issue.
“Again, he said it was an error on his part.
“I wasn’t satisfied that I was getting a full answer to my question.
“Mr Harker did not move from his position, which was that what had happened was as he’d described in his evidence.”
Second officer omitted details
The sheriff said co-accused Butchart told the Fife court that while restrained, Mr Wallace had “bucked backwards then thrown his head forward”.
The sheriff said Butchart also said in his evidence Mr Wallace had deliberately headbutted a wall but again, this was not recorded in his statement.
“He said he believed he’d copied it.
“He repeated that it was an oversight.
“He added that he thought his operational statement was only a short summary of what happened for the purpose of general guidance.”
‘Liar or incompetent?’
Being cross-examined by Harker’s counsel Shelagh McCall QC, the sheriff said he asked Harker “more questions than he normally expected to ask.”
Ms McCall queried if the sheriff asked her client if he was “a liar or incompetent.”
The sheriff told her: “I was dealing with a piece of evidence that was a important piece of evidence.
“I didn’t particularly appreciate that the cross-examiner didn’t deal with that.”
The sheriff confirmed he said “are you being dishonest or are you incompetent?”
“I asked him if he was incompetent. He disagreed.”
Accusations
Harker and Butchart arrested Mr Wallace when they were at his home in Willowbank Brae, Dunfermline, to execute a fines warrant on November 18, 2015.
Mr Wallace, 33, had not paid a fine of around £400 for Justice of the Peace Court road traffic convictions.
He was asked to remove the cord from his tracksuit bottoms and both defence counsels have said Mr Wallace gave no warning as he then thrust the cord between their clients.
Prosecutors claim the officers seized him by the body, threw him onto a couch, choked him and repeatedly stabbed him on the body with a key or keys.
They are accused of kneeing him on the body and striking his head against a wall, to his injury.
Harker is accused of seizing Mr Wallace’s then-partner Catherine Dolan on the body on the same day.
‘Empty tracksuit’ comment dispute
Mr Wallace was charged with assaulting the two officers and resisting arrest, but was later acquitted.
In his reply to being cautioned and charged, Wallace was recorded as telling officers: “You guys think you’re Conor McGregor, I threw you about like an empty tracksuit.”
However, upon being cross-examined by Donald Findlay QC on Wednesday morning, he said he had been misquoted.
Wallace claimed he had said: “I’d throw you about like an empty tracksuit.”
Harker, 36, and Butchart, 31, whose addresses have been given as Police Scotland’s Professional Standards Department in Glasgow, deny charges of assault and perjury.
The trial, before Sheriff Ian Duguid, continues.
- The trial was later abandoned by the Crown and both officers acquitted.
