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Forfar friends apologise to court for street clash with police

Forfar friends apologise to court for street clash with police

Three Forfar pals have been sentenced after getting involved in street rammy with police after a neighbour’s report of alleged drink-driving.

Lawyers for Jordan Brogan, Jennifer Malloch and Ian McCubbin said a cocktail of alcohol and misguided loyalty had led them into trouble, with a sheriff criticising the female accused for her assault on a police officer and “nasty” language.

Malloch’s abuse towards the Polish neighbour included the threat: “I swear to god I’m going to murder her.”

The fate of a fourth accused, Stephanie Orr, will be decided next month following the completion of social work reports.

All four were charged in relation to an incident in Forfar’s Pitreuchie Place on August 31 last year when Brogan, 23, of Lordburn Place, admitted struggling with police and attempting to hinder the arrest of one of his friends.

Malloch, 21, also of Pitreuchie Place, admitted assaulting a police officer by striking him on the face and knocking his spectacles off, shouting and swearing and making racial remarks.

McCubbin, 24, of Lyninghills, pleaded guilty to hindering officers, struggling violently with them during the incident and breaching the peace.

Fiscal depute Hannah Kennedy said police were called around 9.20pm by a concerned resident who thought Malloch had been driving while under the influence.

Malloch had alcohol in her system, and although she was later found to be below the drink-drive limit the fiscal said things began to “kick off” when her pals were asked to move aside by police carrying out the inquiry.

Brogan and McCubbin began shouting and swearing, then struggled violently with officers, along with co-accused Orr.

Brogan continued to charge the officers and was subdued by CS spray.

Malloch, who had been put in the back of a police car, then lashed out at another officer and eventually had to be placed in a police van.

The fiscal then relayed the volley of threats Malloch shouted at the police charge bar in Dundee, which she said were directed at the Polish neighbour who the accused believed had made the initial drink-driving report.

“It seems the journey hasn’t calmed her down at all and she said: ‘The next time you charge me I’ll be done for murder, see that Polish b***h that lives next door, I’m going to kill her.’”

Defence agent Bob Bruce said Brogan was a hard-working first offender who was thoroughly ashamed of his behaviour after his judgment had been coloured by drink.

“He has limited recollection of the events, but takes full responsibility for his actions,” said Mr Bruce.

Solicitor Robin Beattie, for Malloch, said: “She is also a genuine first offender.

“On the day of the offence she had consumed a great deal of alcohol and on returning home an argument broke out.

“The fact that police had been called caused my client a bit of distress.

“From the police car she saw the scuffle developing and in particular wanted to speak to her partner, Mr Brogan, to stop him getting into any bother.

“She accepts that her conduct was completely inappropriate. In terms of the racial remarks she is not a racist and holds no prejudicial beliefs.”

McCubbin’s agent, Brian Bell, said his client did not try to hide behind alcohol consumption as an excuse, having only been at the house for a short time before the incident.

Sheriff Valerie Johnston fined Brogan £800 and imposed a Community Payback Order on Malloch and McCubbin, with each required to complete 150 hours of unpaid work within nine months.