A prison guard was injured during a disturbance at HMP Perth, triggered by a naked inmate’s refusal to wear clothes in bed.
Officer Dale Bustard was punched in the face as he tried to break up a fight between squabbling cellmates.
Housebreaker Marcin Madraszek appeared at Perth Sheriff Court and admitted assaulting the staff member to his injury on August 9 2021.
The 30-year-old had taken exception to his roommate sleeping in the altogether, the court heard.
Sheriff John MacRitchie said he was, just, persuaded not to send Madraszek – since released – back to prison.
He told him: “I can see why you may have had concerns about the conduct of your cellmate.”
Guard’s ‘limited’ injuries
The assault happened just weeks after Madraszek began a 12-month sentence for sneaking into a woman’s home in Forfar and stealing jewellery.
Sheriff John MacRitchie told Madraszek: “It is only because the injury caused to the prison officer was quite limited that I am satisfied I can deal with this with a community payback order.
”You clearly had concerns that your cellmate was sleeping naked and you assaulted one of the officers who tried to separate you.
”I appreciate that language differences may have been an issue here.”
The sheriff ordered Madraszek, of Westwood, Brechin, to carry out 170 hours unpaid work.
”This is a direct alternative to custody,” he said.
“If you don’t complete this order, it will be considered a breach and you will be returned to court.
“It is likely the court would then consider imposing a custodial sentence.”
He said: “I’m giving you a chance to show this was a one-off misunderstanding.”
Jewellery raid
Dundee Sheriff Court previously heard how Madraszek crept into a house in Castle Street, Forfar, via an open window.
The occupant was woken by a noise and a presence in her bedroom.
Prosecutor Carol Doherty said: “After opening her eyes, she saw a figure and the accused moving towards the bed.
“She screamed and the accused immediately ran out.”
Madraszek also tried to force his way into a flat a few doors down the street, before being caught by the owner.
He was arrested after approaching police to ask for a taxi number.
Sheriff Alastair Carmichael told him there was no alternative to custody.
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