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Thursday court round-up — Fake fags and 5am ‘nagging’ strop

A round-up of court cases from Tayside and Fife.

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A Dundee woman has admitted selling fake cigarettes from her home.

Kamila Malesza, 38, operated an illicit tobacco operation on Crescent Lane before being rumbled in January 2020.

A police raid on her house uncovered boxes of counterfeit Richmond and Mayfair cigarettes, Amber Leaf tobacco, Regal Kings and Golden Leaf tobacco pouches.

£5,400 cash was also recovered.

Depute fiscal Sarah High told Dundee Sheriff Court: “The tobacco was sent for testing to see if it was as branded.

“It was not, it was all counterfeit.

“The Richmond cigarettes failed the required safety test for cigarettes in this country.”

Malesza’s mother, Lilla Malesza, 59, had originally appeared on the charge but her not guilty plea was accepted.

Defence solicitor Mark Robinson, in mitigation for Kamila Malesza, said: “She found herself in a bad relationship at the time.

“He made her go along with things she did not wish to do.”

She will return for sentencing on May 12.

‘Citizen’s arrest’ was ‘justified’

A Kirriemuir woman who abducted and gagged a suspected drug dealer told a court she was “morally” justified in doing so. Linda Gowers, 40, grabbed suspected county lines pusher Michael Graham from the street, believing he had organised for drugs to be sent to a young child, leaving her very unwell. She avoided a jail sentence for her “citizen’s arrest” as a sheriff said it was “regrettable” she found herself in the the dock.

Linda Gowers.

Predator caught again

George Izatt, 41, was sentenced to nine years in prison for serious sexual offending towards children in the Levenmouth area of Fife between 1996 and 2003.

Police said media reporting of his crimes in 2019 – he was jailed for nine years for the rape and sexual assault of children between 2004 and 2013 – prompted a further victim to come forward and report offences to police.

Detectives from the public protection unit then launched further enquiries and another two victims were identified.

Izatt, who was already in prison was convicted of four counts of child sexual abuse at the High Court in Edinburgh.

George Izatt. Image: Police Scotland.

Following sentencing, Detective Constable Ross French from Fife’s Public Protection Unit said “Izatt is a serious sexual predator towards children.

“I want to commend the victims for coming forward and speaking with us.

“Izatt never admitted his actions and they had to stand up in court at trial and relive their ordeals.

“Their strength and cooperation has proven pivotal in securing this conviction and ensuring he remains in jail.

“Police Scotland is committed to investigating all reports of sexual crime, regardless of when these incidents took place and bringing perpetrators to justice.

“I can assure you that we will carry out a thorough investigation and you will be supported by officers and our partner agencies.”

Charity venture hits bum note

A charity fundraiser was given penalty points for illegally “driving” his piano along the A92 in Arbroath. James Tofalli – known as Piano James during his 2021 John O’Groats to Land’s End adventure – had six penalty points added to his driving licence. He had been dragging and wheeling his instrument the length of the country for charity.

James Tofalli was stopped by police near Arbroath.

Age keeps knifeman from prison

Dunfermline man Lewis Gibson, 20, who struck a woman with a knife during a fight, has been told to carry out unpaid work.

He admitted conducting himself in a threatening or abusive manner by engaging in a fight with a woman, threatening her with violence and striking her on the body with a knife to her injury in a common close in Macbeth Road, Dunfermline, on June 1 2021.

Gibson, of Woodmill Crescent, also pled guilty to unlawfully having the knife.

He further admitted behaving in a threatening or abusive manner by repeatedly threatening to harm himself in the same street on June 17 2021.

Sheriff Charles Macnair told Gibson: “This was a fight which involved you with a knife, which you used.

“Had you been over 25, you would have been sentenced to a very significant period in custody.”

Referring to sentencing guidelines for under-25s, Sheriff Macnair said prison would not be appropriate even though the offence “deserves that sentence”.

He ordered Gibson to carry out 200 hours of unpaid work within a year and placed him under supervision for three years.

Referee in crowd trouble

A Perth referee has escaped a football banning order for his role in a near-riot at McDiarmid Park. Evan Punton, 22, admitted shouting and swearing at police officers and security staff during turbulent scenes following St Johnstone’s historic double cup win in May 2021.

Evan Punton admitted shouting and swearing at police and security guards. Image: Facebook.

5am ‘nagging’ strop

A Dundee man threw a 5am strop at his former girlfriend after becoming annoyed at her “nagging”.

Call-centre worker Robbie Degernier admitted acting in a threatening and abusive manner, shouting and swearing at his ex-partner in February this year.

Degernier, 31, had been on a night out with friends, Dundee Sheriff Court heard, when his now-estranged partner woke up at 4am and called and messaged him.

He stormed into the house an hour later.

Depute fiscal Emma Farmer told the court: “He started to shout and swear at her, calling her an idiot and accusing her of being unfaithful.

“He struck doors in the property.

“When police arrived the complainer opened the door.

“She was visibly distressed.”

He was cautioned and charged and responded to police “she was mad”.

Ally Short, defence solicitor for Degernier, said: “He had clearly come home drunk.

“He felt his former partner had been nagging him.

“They are no longer together. He accepts his behaviour was unacceptable.”

Sheriff Eric Brown fined Degernier, of St Dennis Street, £240 and put in place a year-long non-harassment order.

Dog fight death threat

Burntisland man Wayne Ross made a death threat to a dog owner whose pet a friend’s runaway canine had attacked. Ross said “I’m going to f***ing kill you” after he caught up with the dog on Kirkcaldy’s High Street as it grabbed the complainer’s pet by the neck.

Wayne Ross. Image: Facebook.

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