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Sheriff Court

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Police and sheriff grant custody plea

A DRUNKEN man who demanded to be taken to the cells, had his wish granted after breaching an ASBO.

Colin Gill spent two nights in custody after he lay on the floor at Hawick police station, telling officers he wanted to be taken into custody.

At Jedburgh Sheriff Court on Friday, Gill was jailed for 139 days.

Sheriff Derrick McIntyre imposed a 120-day jail term for the ASBO breach and also ordered that Gill serve 19 days of an unexpired sentence.

Forty-year-old Gill, of Princes Street, Hawick, admitted breaching an ASBO by attending at the police station in a drunken state on December 14 and acting in an aggressive manner.

Procurator fiscal Graham Fraser told the court: “He was on an ASBO and went into the police station at about 6pm, approached the front counter, and lay down on the ground.

“He was very, very drunk, and was told to go home. He said he didn’t want to go home, but wanted to go to the cells.”

Officers were concerned for his well-being and called for an ambulance, but Gill was assessed as drunk and was taken into custody.

“So he got his wish in the end,” commented Sheriff McIntyre.

Defence solicitor Rory Bannerman said his client had suffered from an alcohol problem, but was improving.

Mr Bannerman added: “He spent two nights in custody as a result of his folly. He had fallen out with his partner, had been drinking to excess, and went to the police station seeking solace. He was belligerent, but didn’t strike out at anyone.”

Pensioner says he will never drive again

A PENSIONER who drove when over twice the alcohol limit, has been fined £1,100, and banned from driving for four years.

Archibald Armstrong, 76, had earlier upset patrons in the Plough Hotel in Town Yetholm by his drunken behaviour. He admitted assaulting a woman working at the hotel by pushing her.

He also failed to identify the driver of a car in Main Street, Morebattle, when asked by police, and admitted driving the vehicle between Yetholm and Morebattle with a breath/alcohol reading of 73 mcgs – the legal limit is 35.

Armstrong, formerly of Station Road, Gordon, admitted all four offences which happened on November 3 last year.

He was fined £200 for disorderly behaviour at The Plough Hotel, and £400 for assaulting an employee.

Armstrong was fined £100 for failing to identify the car driver and £400 for the drink/driving offence.

His solicitor Alison Marshall told the court: “He didn’t mean any harm to anyone, and says he will never drive again.”

Cannabis farm uncovered in police raid

DURING a search of John Malcolm’s Hawick home, police found a £1,600 cannabis cultivation.

Malcolm, 36, of Roxburghe Drive, admitted producing cannabis at his home on March 4 last year.

He also admitted possession of the illegal drug, and also possession of Diazepam.

Prosecutor Graham Fraser revealed: “Police had a search warrant and in the course of that search it was clear he was cultivating and cropping cannabis.

“There was a substantial amount of equipment and herbal matter.”

The cannabis was valued at around £1,600, with the seven Diazepam tablets, worth a total of £7.

Defence solicitor Rory Bannerman said his client had been growing the cannabis for his own personal use.

The solicitor added: “He expresses regret and remorse, and stopped smoking cannabis the day he was arrested.”

Sheriff Derrick McIntyre warned Malcolm: “Had you been facing a charge of being concerned in the supply, you would have been going straight to prison. You are a first offender and were growing this for your own personal use.”

Malcolm was sentenced to a six-month Community Payback Order with 170 hours of unpaid work, as a direct alternative to custody.

Jail warning for man found on church roof

A MAN found on a cathedral roof in suspicious circumstances, has been sentenced to a 12-month Community Payback Order, with 180 hours of unpaid work.

Sheriff Derrick McIntyre warned accused Joshua Chalmers, 21, the sentence was a direct alternative to prison and that any breach would cost him his liberty.

Chalmers of Croft Road, Hawick, admitted being found in the curtilage and on the roof of St Mary’s Cathedral in Cathedral Lane, Edinburgh, on February 7 last year, in circumstances it could reasonably be inferred he intended to commit theft.

Sheriff spares drug supplier from custody

A Hawick woman who supplied cannabis to fund her own habit, has been fined £525.

Maryanne Kellagher, 37, of Burnhead Road, admitted being concerned in the supply of the class B drug at her home on February 22 last year.

Prosecutor Graham Fraser told the sheriff: “She made full admissions to police that she was involved in supply, largely to fund her own habit.”

The court heard a number of items were found at the accused’s home consistent with drug possession and supply as well as just over 57gms of cannabis, with a potential street value of between £300 and £700. Sheriff Derrick McIntyre told Kellagher: “Very unusually, in view of your health problems, I am going to impose a fine, but the alternative of 28 days imprisonment will be imposed if you don’t pay.”

Motoring ban for woman self-medicating

When police stopped a driver they found her drowsy and slurring her words, a court has heard.

Susanne McCulloch, 45, of Teviot Road, Roxburgh, admitted driving a car when unfit through drink or drugs at Shedden Park Road, Kelso, on February 13 last year.

She also admitted possession of Diazepam.

Staff in a local supermarket had raised concerns over McCulloch’s intoxication and when police stopped her they also noticed traces of blue dye on her lips.

Fiscal Graham Fraser told the court: “She said she had taken Valium tablets, and was unsteady on her feet.

“Police carried out a number of tests and she performed badly in all of them.”

Defence solicitor Rory Bannerman said his client had been self-medicating after suffering panic attacks and this impaired her ability to drive.

McCulloch was fined £300 and banned from driving for 12 months.

Offensive texter said he was ashamed

SENDING offensive text messages to two women cost Marcus Cree a £200 fine at Jedburgh Sheriff Court.

Cree, 28, of High Street, Jedburgh, admitted sending the offensive messages at High Street, Jedburgh on May 30.

He later told police :“I’m really ashamed.”

Man’s actions blamed on

marriage split

A HUSBAND sent his wife abusive texts including one hoping she crashed while on a car journey.

Michael Clark, 29, of McLaren Court, Hawick, admitted sending offensive text messages to her on various occasions on December 13 and December 14 last year.

Procurator fiscal Graham Fraser said the couple had been in a relationship for 11 years, marrying in 2010, but they broke up last year.

“The break-up did not go well,” he explained.

Clark sent his wife 24 abusive and distasteful texts, calling her names, the court heard. He also sent one saying: “hope you crash”.

Mr Fraser commented: “They were utterly disgraceful and offensive.”

Defence solicitor Ross Dow said Clark realised the error of his ways.

He added: “He and his wife broke up and he struggled to come to terms with it, and this was the consequence.”

Sentence was deferred until February 14 for reports, with Clark granted bail.

Granted bail

Melissa Davies,41, of Jedburgh appeared on petition charged with assault to severe injury and disfigurement. She made no plea and was bailed.


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