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Monday court round-up — Floody Hell

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

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A thug who pulled medical tubing from the body of a Fife takeaway worker has been jailed.

Callum Fraser, 37, was found guilty of the life-endangering assault and robbery of Muhammad Shafiq at Tasty Bite, High Valleyfield, following an earlier jury trial at Dunfermline Sheriff Court.

On October 17 last year, he assaulted his victim whilst he was in the course of his employment by repeatedly punching him on the head and body, repeatedly kicking him on the body, and striking him on the face by means unknown.

The Tasty Bite in Chapel Street has since closed.
The Tasty Bite in Chapel Street has since closed.

He also repeatedly seized and pulled medical tubing protruding from the man’s body and searched through his pocket and seized a sum of money.

The assault was found to be to his victim’s severe injury and danger of life.

Fraser, a prisoner in Perth, appeared in court for sentencing.

Sheriff Susan Duff jailed him for three years and nine months.

Fraser was originally also charged with striking his victim with a knife, compressing his neck, and threatening to kill him, however these elements were deleted from the charge.

St Johnstone fan cleared

A lifelong Saints supporter has been cleared of being involved in a near-riot at McDiarmid Park.

Local musician Logan Gilmartin was accused of being part of a group that rampaged outside the stadium after St Johnstone’s historic cup double in May 2021.

It was alleged the 23-year-old, of Rannoch Road, Perth, behaved in a threatening or abusive manner, having formed part of a disorderly crowd that shouted, swore and threw flares at police and stewards.

CCTV footage of the incident was played during Mr Gilmartin’s two-day trial at Perth Sheriff Court.

Fans welcoming St Johnstone players back to Perth.
Fans welcoming St Johnstone players back to Perth. Image: Kenny Smith/ DCT Media

It showed that he was amongst the group of around 30 supporters waiting outside the stadium to welcome players back from Hamden.

The footage also showed that Mr Gilmartin was not involved in any criminal activity.

Solicitor David Holmes, defending, said his client was there to celebrate his team returning home.

“He wasn’t bothered about throwing pyrotechnics or anything like that,” he said. “All he was bothered about was seeing his heroes and telling them ‘you’ve done great’.”

Sheriff Garry Sutherland said he found all witnesses – including Mr Gilmartin – to be credible and reliable.

“Here is a young man who had a singular plan that day, and everything else around him paled.

“He just wanted to show his passion for his club.”

The sheriff said it would be “perverse” to rule that he behaved in a criminal manner.

Mr Gilmartin, who was banned from St Johnstone matches as part of his bail conditions, was found not guilty.

Campaign after drugs tragedy

A Tayside mum whose teenage son died hours after being given illicit medication wants the law changed to crack down on the black market supply of dangerous prescription drugs.

19-year-old Aidan Reid died at a property in Anstruther hours after being supplied oxycodone, a strong prescription painkiller, by 48-year-old Shane Whyte.

Cherie Reid's son Aiden died after taking painkillers supplied by Shane Whyte.
Cherie Reid’s son Aidan died after taking painkillers supplied by Shane Whyte.

It is unclear if the drug caused his death and a sheriff said the mixing of alcohol with the oxycodone Whyte supplied “may or may not have killed” the teenager.

Aidan’s mum Cherie is now fighting to prevent needless drug deaths with a campaign to change the law.

She wants to see anyone convicted of illegally supplying prescription medication to be prevented from collecting them in bulk in future.

Read the full story here.

Call for change after solicitor fined

The family of one of Scotland’s most successful wild boar farmers is demanding a law change after he was asked to sign far-reaching legal paperwork while on his death bed.

Perth lawyer Craig Harvie was found guilty of professional misconduct after he visited terminally ill William Johnston at a high dependency hospital unit and secured his signature on a reworked contract which diverted life insurance money to Mr Johnston’s business partner.

William Johnston was a familiar face at Perth Farmers Marke
William Johnston was a familiar face at Perth Farmers Market.

Mr Harvie, director of Inveralmond-based Eden Legal Ltd, was fined £5,000 following a Scottish Solicitors’ Discipline tribunal.

Tribunal vice-chairman said Mr Harvie’s actions “lacked integrity” but it was stressed during proceedings there was no suggestion of “dishonesty, deceit or even recklessness”.

Mr Johnston’s three children are now campaigning for “Willie’s Law” to ensure any frail or extremely sick person must get a medical professional to co-sign legal documents to guarantee their capacity.

Swamped cells

Cells at Perth Sheriff Court were left underwater following relentless downpours at the weekend.

The holding rooms were deemed unusable, causing disruption to several trials on Monday morning.

Perth Sheriff Court overlooks the River Tay, which rose dramatically this weekend. Image: Steve MacDougall/DC Thomson

The court heard that many accused persons were unable to be brought to the building.

Their cases were adjourned, some postponed as far as April next year.

Another hearing had to be rescheduled because the accused was unable to get his way out of flood-hit Blairgowrie using public transport.

£1m secured after train tragedy

Almost £1 million in damages has been secured from Network Rail for seven people affected by a rail crash which claimed three lives, lawyers have said.

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the derailment near Stonehaven, Aberdeenshire, on August 12 2020.

Members of Network Rail legal team at the High Court in Aberdeen, where Network Rail admitted health and safety failings over the Stonehaven rail crash.
Members of Network Rail legal team at the High Court in Aberdeen, where Network Rail admitted health and safety failings over the Stonehaven rail crash. Image: Andrew Milligan/PA Wire

Law firm Digby Brown acted for two people who lost loved ones and five passengers.

It comes following a separate criminal prosecution which saw Network Rail last month fined £6.7m after it admitted health and safety failings over the rail crash, which happened on a day of torrential rainfall.

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