Naked Rambler Stephen Gough is to have his mental health assessed after he broke down in tears at Kirkcaldy Sheriff Court.
Gough (53), who appeared in the dock on Thursday wearing only socks and walking boots, was found guilty of breach of the peace for conducting himself in a disorderly manner by walking naked in a public place near to a children’s play park in the Townhill area of Dunfermline and refusing to put clothes on or move away on July 20.
The incident took place just three days after Mr Gough had been released from Perth prison where he spent six years, on and off, for appearing naked in public.
The former marine, from Hampshire, chose to defend himself at the three-hour trial. He hoped to prove there was no case to answer by cross-examining witnesses and making detailed legal references to the Human Rights Act, but Sheriff James Williamson said he was satisfied the Crown had sufficient evidence to prosecute.
Mr Gough was ordered to remain seated throughout to ”maintain a level of dignity” in the court.
Among the witnesses were civilians Michelle Solway and David Taylor, police officers David Moffatt and Pamela Gilbertson and Fife Constabulary employee Audrey Michie.
First to take the stand was Mrs Solway (37), who said she and her 10-year-old daughter had passed Mr Gough in her car and phoned the police afterwards because she thought it was disgraceful and because her daughter was shocked.
Mr Gough asked Mrs Solway how she knew her daughter had been shocked and she replied it was because of the look on her face and the fact she then covered her eyes.
Mr Gough put to her that children often react in ways that are not rational, for example when they see a spider, but she replied: ”In my opinion we should not have been subjected to that.”
Next to be questioned was David Taylor (45), who said his wife contacted the police after their two daughters, aged six and 10, became ”panicky” and ”distraught” after seeing Mr Gough naked.
Mr Gough asked Mr Taylor if he could have misinterpreted his daughters’ reactions and that perhaps they were excited by seeing something unexpected but he said that was not the case.
He added: ”I don’t think it’s acceptable that people should be walking about naked in front of children.”
Constable David Moffatt (30) was the police officer who arrested Mr Gough along with another officer, Pamela Gilbertson.
”He was about 300 metres from a play park where around 20 children were playing,” he said. ”He was wearing only boots and a rucksack. I asked him to cover up and he refused to do so. I then asked him if he would come into the police vehicle and he refused.
”I told him we needed him to stay away from populated areas and he mentioned that he had been walking through towns for the last two or three days without any challenge from police officers and that he didn’t understand why things should be different from region to region.”
Constable Moffatt warned him there were children playing in the park but Mr Gough told him a naked body was not offensive so there was no need to cover it up.
When asked by Mr Gough if Constable Moffatt found him alarming he said: ”I don’t personally find you being in a state of undress alarming but I felt that your conduct could be alarming to members of the public and I was aware complaints had already been made.”
Mr Gough said he believed he was not guilty of breach of the peace because he felt much of the evidence was based on opinions rather than facts.
Fiscal Brian Robertson asked Mr Gough if he accepted that a number of people would get alarmed at seeing him naked.
Mr Gough said he would not use the word ”alarmed” but he could understand that people might get angry or upset.
Breaking down and crying, Mr Gough added: ”There is nothing about me as a human being that is indecent or alarming or offensive … this is coming from deep inside.”
Sheriff Williamson said: ”During the trial there were points when I was concerned about your emotional behaviour and a bit concerned if you were in control of yourself.
“I want someone to look at your mental health to see it is all it should be otherwise you will keep serving prison sentence after prison sentence.”
Sentence was deferred until September 13, with Gough remanded in custody.
Photo David Wardle