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Fife police officer’s data protection breach trial begins

Kirkcaldy Sheriff Court.
Kirkcaldy Sheriff Court.

A policewoman said to have been “badly hurt” in the incident that led to the death of Sheku Bayoh went on trial today accused of accessing “personal” police data.

Nicole Short faces Data Protection Act charges at Kirkcaldy Sheriff Court.

Detective Inspector Charles Duncan, 51, told the trial that Short was assigned to the Glenrothes CID crime team, where he was her second-in-line manager.

Short is alleged to have illegally accessed crime files and intelligence database entries relating to two brothers, Dale and Matthew Innes, for “non-policing purposes”.

Fiscal depute Dev Kapadia asked DI Duncan if there was “any reason why PC Short might have accessed these crime files”.

He replied: “I understand she was in a relationship with one of the males.”

Shelagh McCall QC, defending, asked the court to disregard that information, claiming it was based on “hearsay”.

Mr Kapadia asked: “Were you aware of any intelligence that required these two individuals to be targeted?”

He replied: “No.”

The trial heard Short was suspended from duty in October 2012 as a result of the allegations.

Short, 30, of Glenrothes, has pleaded not guilty to three charges under the Data Protection Act.

At pre-trial hearings the court was told she had been involved in an “incident” in Kirkcaldy that left her in a “complicated medical state”.

Her lawyers also asked for reporting of the case to be banned until a fatal accident inquiry into Sheku Bayoh’s death has been held, or until the conclusion of Short’s case. That move was rejected by the court.

* Sheku Bayoh, 31, collapsed and died after being restrained by several officers who were following up reports of a suspect wielding a knife on May 3 2015.

The case is being investigated by police watchdog, the Police Investigations & Review Commissioner (PIRC).

Police Federation bosses say Ms Short suffered “significant” injuries during the incident that led to the 31-year-old’s death.