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£1,000 fine for former policeman who carried out tape assault in ‘an act of some brutality’

Kris Miller, Courier, 16/11/11. Picture today shows Tayside Police logo in police HQ, Perth. For file.
Kris Miller, Courier, 16/11/11. Picture today shows Tayside Police logo in police HQ, Perth. For file.

A police officer who wrapped tape around the head of a Dundee hostel worker has been told it was ”an act of some brutality”.

Sheriff Richard Davidson told George Stewart (35) he ”well and truly crossed” the line from tomfoolery to intending to cause injury when he attached the tape to Arlene Pattie (47) in July 2010.

On Wednesday, Stewart, who has since resigned from Tayside Police, was found guilty of assaulting Mrs Pattie by wrapping the tape around her head, causing her breathing to be restricted, to her injury, at East Port Bail Hostel on July 20 2010.

Stewart was ordered to pay his victim £1,000.

His co-accused, PC Shirley Tindal (40), was found not guilty.

Stewart’s defence advocate Susan Duff told the court her client had ”lost everything” through an ”act of madness”.

She said: ”His career was his life and the whole purpose of his being has come to an end.”

Stewart, then a serving constable, had attended the hostel with PC Tindal to collect a resident who was wanted on a warrant. Stewart and Mrs Pattie who the court heard had a ”flirty” friendship had been speaking while PC Tindal spoke to a colleague on her radio.

Stewart then wrapped tape around Mrs Pattie’s head, at which point she said she had become ”hysterical”.

Stewart maintained throughout the four-day trial that Mrs Pattie had not been upset by his behaviour and that he was ”gobsmacked” when she had made a complaint against him.

Sheriff Davidson told Stewart he had acted in an ”unprofessional and juvenile” manner.

He said: ”There is no reasonable doubt that you lost all sense of judgment and perspective. The line between tomfoolery and intent to cause injury has been well and truly crossed.”

He added: ”It was an act of some brutality well beyond the bounds of acceptable behaviour and what normal people would see as causing pain and anxiety.”

Sheriff Davidson said the compensation order of £1,000 had to reflect the ”physical and psychological consequences” to Mrs Pattie of Stewart’s behaviour.

Both Stewart and Ms Tindal declined to comment as they left court.

A force spokesman said: ”Tayside Police acknowledges the decision of Sheriff Davidson at the court in Dundee today. Only one of the individuals tried is currently a serving police officer and the matter in relation to her will now be passed to the deputy chief constable for consideration.

”Accordingly, it is not appropriate to comment further at this time.”

He added: ”All police officers and staff must earn and retain the public’s trust and confidence. The people of Tayside can be assured that its force will not tolerate any wrongdoing by its staff and will take the appropriate robust action whenever and wherever it might arise, so justice is served and seen to be served.”

PC Tindal has been suspended since the incident happened 18 months ago, but it is understood she will be back on the beat as soon as possible.

Dave Hamilton, secretary of the Tayside branch board of the police federation, said: ”I am delighted for Shirley Tindal that this is the end of the saga for her, and I am looking forward to seeing her back at work.

”She is an officer I have a lot of time for. She is a very professional and brave officer, and it is a relief for her that this is over and she can get on with her life again.”

Mr Hamilton said he could not comment on Stewart as he was no longer in the force.

A council spokesman said: ”We are aware of the verdict at Dundee Sheriff Court that a Dundee City Council employee was the victim of an assault. The council has policies in place to support members of staff who are exposed to verbal or physical assault in the workplace.”