A MAN caught committing a sex act outside a Chinese restaurant on New Year’s Day has failed in an appeal against a conviction for public indecency.
David John Alexander Barrie claimed the evidence of an officer who questioned him near the scene was inadmissible because he had not been detained and given access to a solicitor.
He was found guilty of the offence earlier this year, which has been upheld by the Criminal Appeal Court of Appeal in Edinburgh.
Barrie was convicted at Dundee Sheriff Court in February on the evidence of two police officers.
His laywers claimed he ought to have been given access to legal advice because he was effectively under what was described as the “coercive power of the state”.
However, the advocate depute replied that the automatic right to legal advice did not apply because Barrie had been cautioned and questioned in the street.
