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Arbroath cells assault complainer was on ‘most wanted list’

Forfar Sheriff Court.
Forfar Sheriff Court.

The alleged victim of an Angus cells assault was on a police “most wanted” list at the time, a court heard.

Retired Sergeant David Black appeared at Forfar Sheriff Court charged with grabbing John Brand by the throat and striking his face with a knee in the cells of Arbroath Police Station in 2013.

The 49-year-old is standing trial over two charges of assault on summary complaint against Mr Brand on October 10 that year.

The court previously heard that Mr Brand had been arrested and brought to the Gravesend station around 2am, and was restrained at the charge bar before being taken to his cell.

At 6am he was visited by two police officers in the cell – including Black – where the alleged grabbing assault occurred.

He gave evidence following the end of the Crown’s case on Friday.

“Mr Brand had been on our division’s most wanted list in relation to domestic crime, crimes of violence towards women he was wanted in connection with,” he said.

Asked by solicitor Callum Gillies whether he had ever been cautioned, interviewed or provided his account on the matter, Black replied in the negative.

He said: “This has had a fairly devastating effect on myself.

“I’ve not been able to put my side of the story across.

“At a very early juncture, I wanted to do so.”

Asked by the fiscal depute whether Black wanted to “sort out” Mr Brand, he said: “I did not seize or hold Mr Brand by the throat or neck at any point.”

Black, who retired in July this year and said he was “prevented” from returning to operational policing after the incident, is also accused of going back into the cell and striking the prisoner with his knee.

The former officer said he returned to the cell after he heard Mr Brand make threats about his family.

“The cell door was closed behind us,” he said.

“Mr Brand followed and approached the cell doors and made a threat – he was going to come after my family, my wife and children.

“He did plead guilty to threatening my wife and children.

“Mr Brand at this point makes a sound almost like a roar.

“It’s not a word, and his head moves forward.”

On the alleged kneeing incident, Black said he made a “reactive” movement with his left left to protect his groin from a headbutt.

“If there was contact, it will have been the lightest of contact,” he said.

“It would have been his chin and my thigh.

Black, whose address in court papers is given as c/o the Police Service of Scotland, denies the charges.

The trial, before Sheriff Pino Di Emidio, continues.