A teenager who claimed police brutality after his arrest was found guilty of struggling violently with two officers, who were both injured during the “unsavoury incident”.
Joshua Watson, 19, of Haymount Farm Cottages, Kelso, denied shouting and swearing at police, struggling violently with them, and attempting to punch and bite them at East Bowmont Street, Kelso, on November 9, but was found guilty after trial.
Watson was arrested by police shortly after midnight over an allegation of vandalism.
Considering the evidence, Sheriff Derrick McIntyre commented: “There is no suggestion they were not entitled to arrest him, but that they were heavy-handed, amounting to police assault, according to the accused, so he was entitled to resist.
“The police felt they would have been justified using their batons and CS gas to subdue him, but they didn’t, and both police officers were injured.”
The sheriff added: “The accused admitted he had drunk a bottle of vodka before the police arrived.”
Sheriff McIntyre said some of Watson’s injuries could have been a result of him throwing himself around the police van and trying to break free from his handcuffs, although conceded injuries to his back were a “mystery”.
Watson claimed they were caused by one of the police officers.
But the sheriff stated: “I am satisfied that the accused was very aggressive and if he sustained injuries as a consequence, then it is a risk he takes. The injuries were not consistent with baton injuries, as suggested.”
He went on: “I found the police evidence completely credible and reliable, and didn’t find the evidence of the accused or another witness, who had also drunk a bottle of vodka, credible, and accordingly find him guilty.”
Defence solicitor Rory Bannerman said his client planned to start a new life in Australia.
“He tells me he does not have a drink or drug problem, although drink was taken to excess on this occasion,” added Mr Bannerman, who described the offence as “a violent, unsavoury incident”.
Sentence was deferred until June 13 for reports.
Dog was malnourished
A dog’s condition was described as an absolute disgrace after the animal was left malnourished by the woman looking after it.
Thirty-nine-year-old Amanda Hartness was supposed to take care of the Rottweiller-type dog while her partner was in prison.
Hartness, of Croft Road, Hawick, denied failing to provide the dog with adequate nutrition at her home on August 28, but was found guilty after trial.
“She has not had animals before, and this was her partner’s dog,” explained her lawyer, Rory Bannerman.
“He received a lengthy custodial sentence and left the dog with her. She thought he fed it one bowl of food a day and, when it lost significant weight, she put it down to the dog pining for its owner,” added Mr Bannerman.
Sheriff Derrick McIntyre previously ordered reports and Hartness will be sentenced on May 17.
Referring to photographs of the dog, he commented: “I have never seen a Rottweiller in this condition. It is an absolute disgrace.”
An order was made for the dog to be rehomed.
Boozed-up row couple fined
A GALASHIELS couple who subjected neighbours to listening to their four-hour drunken argument were fined a total of £600 at Selkirk Sheriff Court on Monday.
Lee Bellamy, 30, and 21-year-old Jessica Fox pleaded guilty to a charge of behaving in a threatening and abusive manner, shouting and swearing, playing music to an excessive volume, and struggling and fighting with each other at their home in Magdala Terrace on April 26.
Tessa Bradley, prosecuting, described how the incident started at 12.30am at the couple’s one-bedroom flat. The complainers had a three-year-old child and a baby living upstairs.
She said Bellamy and Fox had a volatile relationship and both had been drinking and were drunk.
Ms Bradley explained: “The witness was feeding her baby at 12.30am and she could hear music coming from the locus and doors slamming. She finishing feeding the child, but was unable to get back to sleep because of the noise.
“At 3.30am there was more door slamming and shouting. At 4am her husband was woken by the shouting and swearing at each other, and apparently having a fight and doors being slammed.”
The prosecutor went on: “He called the police. At this point the music was turned up even louder.”
She said officers arrived at 4.30am and could hear the music from outside. When they entered the flat there were signs of a disturbance and both accused were covered in blood.
Ms Bradley said both were detained and admitted to the officers that they had had a shouting match.
Fox’s lawyer, Kathleen More, said her client had moved to her mother’s home in St Boswells after the disturbance, but the couple were keen to get back together.
She said Fox was a student at Borders College studying social care and was also a support worker for the elderly six evenings a week.
Ms More said: “She wishes to apologise to the complainers if she could.”
Ross Dow, for Bellamy, said his client was self-employed and wished to reconcile with Fox.
Sheriff Kevin Drummond pointed out both had previous convictions for breach of the peace.
He said: “This started at 12.30am and was still going on at 4am. Have some consideration for the people living around you.”
He fined Bellamy and Fox £360 and £240 respectively.
Lead assault allegation
A GALASHIELS woman has been accused of striking her partner on the head with a dog lead to his injury.
Hannah Beaton, 23, of High Tweed Mill, is also charged with threatening and abusive behaviour, and shouting and swearing. Both offences are said to have taken place at her home on March 17.
Her partner, Dean McCallum, 21, who is currently serving a prison sentence, also denied an allegation of struggling violently with his partner, and threatening and abusive behaviour.
A trial was fixed for June 4.
Charged with Hawick attack
A HAWICK man appeared from custody and denied attacking a male in the town last Thursday.
Sean Goodfellow, 22, of Myreslaw Green, pleaded not guilty to assaulting Darren Fisher in Rosebank Road.
The Crown opposed bail due to his record and that he still had an unexpired prison sentence to serve.
But defence lawyer Rhona McLeod said her client had a full-time job in removals which he would lose if he was remanded in cusotdy.
Goodfellow was released on bail on the condition that he does not contact the alleged victim and a trial date was fixed for September 5 at Jedburgh Sheriff Court.
Heroin possession
BEING found in possession of £50 worth of heroin cost Callum Smith a £300 fine.
The 26-year-old, of Balmoral Avenue, Galashiels, pleaded guilty to the offence which happened in nearby Scott Street on February 5.
Case is continued
A 44-year-old man has maintained his not guilty plea to assaulting a woman to her severe injury and permanent disfigurement in a Galashiels nightclub.
Robert Walker, of Murderdean Road, Newtongrange, denies throwing a glass bottle and its contents which struck a woman on her head and face.
The case was continued to May 21.
Insurance fraud trial
A MAN will face a trial accused of carrying out a £32,000 Berwickshire hotel insurance fraud.
Samuel McKeen, 57, is alleged to have falsely claimed to police officers that a theft by housebreaking had taken place at The Dolphin Hotel in Eyemouth between December 2010 and February 2011.
McKeen is also accused of lodging a false insurance claim with CP Adjusting Ltd and Chatis Insurance Ltd by saying items such as televisions, satellite TV recivers, alcohol and household items to the value of £32,848 had been stolen.
The trial by jury was arranged for July 15. There will be an intermediate hearing on June 10.
Accused denies drink-driving
A MOTORIST will stand trial on a drink-driving charge at Selkirk Sheriff Court.
Michael Grey is accused of having a blood/alcohol count of 112 milligrammes – the legal limit being 80. The offence is alleged to have taken place on the A7 near Galashiels on November 4.
The 29-year-old, of Haltwhistle in Northumberland, adhered to his not-guilty plea and the trial will go ahead on June 5.