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Monday court round-up — What not to say while drink-driving

Court round-up graphic

A Mormon Bishop from Dundee and his midwife spouse have been cleared of assaulting two children nearly 40 years ago.

Dennis, 77, and Avril Campbell, 74, both admitted during a five day trial they had used a belt to punish the children.

However, a jury found them not guilty on both charges they faced.

A third charge against Mrs Campbell  was not proven.

In a statement released after the trial, their son Scott said they had been through three years of “hell”.

Dennis Campbell comforts his wife Avril outside Dundee Sheriff Court after their acquittal
Dennis Campbell comforts his wife Avril outside Dundee Sheriff Court after their acquittal.

‘I’m out of my t**s’

A 37-year-old Fife dad was caught at nearly four times the legal drink-drive limit after telling customers in a petrol station: “I’m out of my t**s.”

Lee Allan, of Wellshot Crescent in Kennoway, admitted the drink-driving charge when he appeared from custody at Kirkcaldy Sheriff Court.

Fiscal depute Laurelle Johnstone told the court two people saw Allan being served inside a fuel station in Methil on March 25 and noticed he was smelling of alcohol and slurring his words.

The depute fiscal said: “The accused made a remark to the witnesses, stating ‘I’m out of my t**s,’ which they took to mean ‘I was drunk’.

Police were contacted and stopped Allan in a nearby petrol station in Wellesley Road and officers removed the keys.

Ms Johnstone continued: “Police officers noted he was slurring his words and his eyelids were heavy and he looked drunk.

“The accused stated to officers he was drinking and was drunk.”

The depute fiscal said Allan was taken to Dunfermline Police Station and gave a breath in alcohol reading of 87mics/100.

Allan’s defence lawyer said his client accepted his behaviour was “very unwise and extremely dangerous.”

The court heard Allan has previous convictions of a similar nature.

Sheriff Pino Di Emidio banned him from driving in the interim and deferred sentence until April 26 for the production of background reports, a restriction of liberty order assessment and to consider forfeiture of his car.

The sheriff told him: “There comes a point with this kind of offending where the question of imprisonment starts to become pretty large.

“It’s looming large now in my view.”

Allan was released on bail.

Police bid fails

Police officers have failed – for now – in a bid to get assurances they cannot be prosecuted for evidence they give in the Sheku Bayoh death inquiry. It had been argued a lack of immunity from using their evidence could hamper the inquiry’s ability to get the full truth of what happened the night the 31-year-old died in custody in Kirkcaldy and it’s aftermath. Read the full story here.

Sheku Bayoh, Ruth Charteris QC
Ruth Charteris QC said she cannot give police their desired undertakings in the Sheku Bayoh inquiry at this stage.

Sentence deferred

Sentencing on a Fife drug dealer who threatened to abduct a woman he was trying to extort has been delayed because he is supporting his accomplice who had a difficult birth a week ago.

David Smith was convicted of being concerned in the supply of cocaine between October 2016 and November 2019.

He also extorted one person and tried to extort two others.

On various occasions between June 2018 and October 2019, Smith menaced his first victim for cash.

From the home of co-accused Leeann Brown in Catherines Wynd, High Valleyfield, as well as Erskine Wynd in Oakley and elsewhere, Smith put one woman in a state of alarm and apprehension of violence towards her, her partner and her family.

He texted her, phoned her and approached her in person and repeatedly threatened to hurt her and her loved ones if she did not pay him money.

He told her he would abduct her and assault her, her partner and her family and disclose her personal details to others.

Smith also threatened to damage vehicles and as a result, was able to extort money from her.

Brown was also found to have acted in an abusive manner towards the woman by repeatedly sending her threatening texts over the same timeframe.

Smith and Brown were due to appear for sentencing at Kirkcaldy Sheriff Court.

But Smith’s defence lawyer told the court she’d been given proof Brown had experienced a “difficult birth” on March 21 and Smith is currently looking after her and the baby.

Sheriff James Williamson deferred sentence until April 25.

Sentencing for the duo had been previously delayed in October after Smith returned a positive coronavirus test result.

CCTV evidence concern

A Fife sheriff has said he is concerned by the number of cases arriving in court in which CCTV evidence is not ready. Sheriff Timothy Niven-Smith, in Kirkcaldy, made the comments after a trial in Fife had to be adjourned almost a year after the alleged offence. A similar thing happened recently in a case in Dunfermline. Full story here.

CCTV camera
Delays in CCTV evidence have been raised in courts in Fife.

How Scotland’s version of Clare’s Law is saving lives in Tayside and Fife by disclosing secret histories of abuse

The full caseload of the Dundee Crime and Courts Team can be found here.