A “super ned” prisoner caught with an array of weapons at HMP Perth has lost an appeal against his conviction.
Richard Mullen claimed a miscarriage of justice after his trial at the city’s sheriff court was allowed to go head when he sacked his solicitor.
The 33-year-old was found guilty in February 2024 of having makeshift weapons inside the jail three times within a space of six months.
Mullen, notorious for a teenage crime spree that made him responsible for a large part of Blairgowrie’s crime stats, was jailed for 18 months.
Sheriff William Wood told him: “You are well experienced in the ways of prison. You need to observe the rules.”
Mullen launched a challenge against the conviction at the Appeal Court in Edinburgh, arguing his trial should have been deserted.
Prior to the jury hearing evidence, Mullen dismissed his solicitor on February 12.
Mullen was given time to find a new lawyer but the next day was still unrepresented.
The trial was put off until February 15 to give him extra time but he still did not find a solicitor.
The sheriff told him he could give evidence and address the jury himself but he declined and jurors convicted him of three weapons charges.
Lawyers for Mullen argued the case should have been deserted on February 15, highlighting a psychiatrist’s report he was suffering from mental health issues.
Court papers say although the sheriff did not know about Mullen’s mental state, the accused “did show some bizarre behaviour”.
The document goes on to say Sheriff Wood found Mullen’s behaviour “somewhat erratic, albeit he says it was no more erratic than on other occasions when he dealt with (Mullen) in these and other proceedings”.
Appeal court judges said the accused’s behaviour was not erratic enough to raise concerns.
Lord Beckett concluded: “However ill-advised the appellant’s actions were, there was no proper basis for the sheriff to desert the trial of his own accord.
“In any event, it was a matter for his discretionary judgement and we cannot criticise his exercise of it.
“The appellant’s trial was fair and there was no miscarriage of justice.”
Cafe creep
A teenage coffee shop worker tried to take her own life after being repeatedly sexually assaulted by a sleazy supervisor, a court has heard. The young woman was one of four female employees at Cafe Biba, Pitlochry, preyed upon by creepy Glen Buchanan.
Compensation
A Forfar woman who kicked off in a Dundee coffee shop has been ordered to compensate two members of staff.
Constance O’Brien, 68, previously admitted offending at Henry’s Coffee House on City Square on October 15 last year.
She acted in a threatening or abusive manner towards one employee by repeatedly shouting, swearing, acting aggressively and making abusive remarks.
O’Brien also put her feet on a table and refused to move them.
She also admitted acting in a threatening or abusive manner and assaulting a second employee during the incident.
O’Brien again shouted, swore, acted aggressively and made abusive remarks, aggravated by prejudice against the woman’s sexual orientation.
The offender repeatedly refused to leave the café and pushed the second woman on the body.
She appeared from custody at Dundee Sheriff Court to be sentenced.
Solicitor Angela McLardy said her client had lost her son and husband in the last three years and now lives in sheltered accommodation at St James Road, Forfar.
Sheriff John Rafferty ordered O’Brien to pay each woman £40 compensation.
He said: “This must have been a pretty unpleasant experience for those watched what you were doing.”
Hit outside football
A Perthshire driver has admitted carelessly striking a pensioner with his “big lump of a car” as fans left a St Johnstone match at McDiarmid Park. Robbie Bruce, of East Huntingtower, had his plea of guilty to causing serious injury by careless driving accepted after a trial at Forfar Sheriff Court.
‘Sophisticated’ crime
A convicted drug-dealer caught with a Ford tipper van stolen from a Monifieth home has been spared a jail term.
Michael Mulrein previously admitted the “very sophisticated” crime after initially being found with multiple sets of keys.
In November, Mulrein, 35, was placed on a restriction of liberty order after being caught with £30,000 worth of cocaine at his home in Fife.
Dundee Sheriff Court was told how the owner of the Ford van parked his vehicle outside his home on Mortimer Drive overnight between February 26 and 27 2023.
The man – who had a key – became aware of the rear lights flash “six times”.
The vehicle was locked and police were later contacted about “suspicious persons” in a flatbed vehicle in the Camphill Road area of Broughty Ferry.
Mulrein was later traced on Gray Street, near Broughty Ferry railway station, where he was found with four Ford keys and one for a Volkswagen.
The tipper van was found on Camphill Road, a short distance away from where Mulrein was located.
Mr Brown said as there was no “stolen” marker relating to the tipper on the police national computer (PNC), Mulrein, of Sycamore Crescent, Lumphinnans, was allowed on his way before the owner reported it missing.
He was eventually apprehended and pled guilty to the reset of the vehicle.
Mulrein was placed on supervision for nine months as an alternative to custody by Sheriff Alastair Carmichael
‘Culture’ blamed
A Fife nurse blamed Filipino “culture” for a video that showed him indecently touching a young child. Mark Rebustes was snared with dozens of images and files of child abuse on a laptop he brought to Fife from the Philippines. During his trial, the 40-year-old claimed the indecent video in which he featured was “normal” in his homeland.
Car crush
A woman was left with a crushed pelvis after being pinned against a building by a BMW driver.
Naomi McPhee, 25, previously admitted causing a woman serious injury at a car park on Dundee’s Pitkerro Road on May 13 last year.
McPhee pled guilty to driving a BMW X5 carelessly by failing to keep a proper lookout, losing control of her car, colliding with a bollard and the pedestrian causing her to be pinned against a building.
Dundee Sheriff Court was told how McPhee had been struggling to control the automatic vehicle which “jolted” before “accelerating forward”.
The car then crashed through a bollard, before pinning the woman to a wall.
Fiscal depute Kate Scarborough said the woman suffered a crush pelvis with three fractures in total.
She also suffered fractures in her right leg and claimed to have been diagnosed with post-traumatic stress disorder.
A warrant was previously issued for her McPhee’s after failing to attend at multiple Dundee Sheriff Court hearings.
No vouching was provided by solicitors to substantiate claims McPhee was pregnant and had since given birth.
McPhee, who is unemployed, appeared in the dock following the preparation of social work reports.
Solicitor Leigh Martin said: “She has driven here today not fully aware that the disqualification would take effect.
“She is not working but her husband would be in a position to pay her fine.”
Sheriff Neil Kinnear disqualified first offender McPhee for 24 months and fined her a total of £420.
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