A custody officer was taken to hospital after a prisoner erupted at a Dundee sheriff’s comments about his cancer treatment.
After prolific criminal Alan Rachwal’s solicitor asked for a sentencing deferral, Sheriff Tim Niven-Smith responded: “If Mr Rachwal dies, is it intended that he dies before the court gets the opportunity to punish him?”
Rachwal stood up from the dock in the city’s sheriff court and declared: “Are you serious, man? Nah f*** this, Get me out of here.”
The 34-year-old was cuffed to a male custody officer and he pulled him towards the stairwell and forced him to follow down the stairs to the cells area, curtailing the court hearing.
The officer had to attend at Ninewells Hospital and is believed to have suffered a broken wrist in what his employers stressed was “an accident”.
Once in the cell area, Rachwal could he heard from the courtroom roaring expletives about dying in jail.
It was revealed the HMP Perth prisoner – who was due to be sentenced for a knifepoint incident – is suffering from “quite significant cancer”.
Outburst from the dock
Solicitor Doug McConnell explained that the day before the hearing, Rachwal had attended the Beatson’s cancer clinic in Glasgow to undergo treatment.
The following week, he was due at Perth Sheriff Court for a bail review which could see him released from jail.
Mr McConnell had asked that sentencing be deferred until after the bail review.
Sheriff Tim Niven-Smith explained Rachwal, who has a lengthy criminal record, could have been jailed previously.
He said: “If Mr Rachwal dies, is it intended that he dies before the court gets the opportunity to punish him?”
It was this comment that triggered Rachwal’s explosive outburst.
Recall for clarification
The case recalled later in the day, without Rachwal being present.
Sheriff Niven-Smith addressed Mr McConnell on his comments and said there was a legal context in that Rachwal’s medical treatment was not a sufficient reason to avoid imposing a custodial sentence.
He told the court: “In making the comments I was having regard to the broad interest of justice.
“Whilst, of course, the sentencing court will have to have regard to personal circumstances, the court also needs to take cognisance of the protection of the public generally and the appropriate punishment.
“Whilst it may be very tragic that he may be in throes of cancer or terminally ill…the fact he requires treatment does not preclude a custodial sentence.
“I appreciate the accused took offence to the matters that were said but that’s the legal context in which they were said so no doubt you (Mr McConnell) can explain that to him in due course.”
Rachwal previously admitted shouting, swearing, threatening violence and presenting a knife towards a man on Kemback Street on July 27 2023.
He had used the same man’s debit card without permission to buy more than £50 worth of goods from the Shell garage on East Marketgait.
On August 11 that year, Rachwal chased another man after behaving abusively towards him on Albert Street.
The sheriff agreed to defer sentence on Rachwal until later this month for Sheriff George Way, who had a previous involvement in the case, to deal with it.
A spokesman for GeoAmey – the firm in charge of prison escorts – said: “Whilst carrying out their duties, an officer who was handcuffed to a person in custody received an injury to their wrist.
“However, on this occasion, we do not believe there was any intent to harm the officer, and the injury was the result of an accident.”
List of past crimes
In 2023, The Courier reported violent Rachwal had accrued 124 criminal convictions – a list that has grown since.
Last November, he was jailed for a string of house raids in Dundee, which were branded “pretty despicable”.
Rachwal was jailed for 28 months for using a screwdriver to puncture his partner’s neck in 2022.
The crook has also received prison sentences for hurling a bicycle at homeless hostel staff, leading police on a high speed pursuit three days after being liberated and stealing climbing kit.
Back in 2014, Rachwal hit headlines when he was caught stealing a car after leaving a Burger King drive-thru receipt in the motor he pinched.
Rachwal also once received a 45-month prison sentence after trying to steal a Dundee man’s car, only for the nearly-naked owner to leap on him in the middle of the night.
Sheriff Niven-Smith
Sheriff Niven-Smith graduated from the University of Dundee and worked as a solicitor in Kirkcaldy.
In 2010 he was appointed an Advocate Depute prosecuting in the High Court.
He served in the National sexual crimes unit and was appointed a Senior Advocate Depute in 2013 and later specialised in health and safety prosecutions.
He was briefly head of the Crown Office inquiry into the 2013 Clutha helicopter crash.
He was appointed a summary Sheriff in 2021 based initially at Kirkcaldy Sheriff Court and then Dundee.
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