A retired Tayside police sergeant has been acquitted of assaulting a prisoner in his cell.
David Black appeared at Forfar Sheriff Court charged with grabbing John Mark Brand by the throat and striking his face with a knee in the cells of Arbroath Police Station in 2013.
The 49-year-old was found not guilty of both charges on summary complaint following a five-day trial.
A sheriff took 35 minutes to acquit Mr Black on Monday, saying there was “reasonable doubt” over the allegations, which came about following a complaint by the prisoner on October 10 that year.
During the trial before Sheriff Pino Di Emidio, Mr Brand was called a “volatile prisoner” who had repeatedly assaulted or attempted to assault officers in the hours leading up to the alleged incident, both at a flat in Brechin and at the police office.
The court heard fresh evidence that confirmed a “discernible movement” Mr Brand made against the former officer, caught on CCTV, one second before the alleged knee to the face took place.
PC Brian Boath, an officer who had given officer safety training, said it was “reasonable” for Mr Black to raise his leg against what may have been another attempted headbutt to his groin.
The court heard Mr Black went back into the cell on his own before the alleged knee strike, which Sheriff Di Emidio said he had “no real legitimate reason” to do.
“He is the author of his own misfortune in that regard,” he added.
The court heard Mr Brand had threatened the accused’s family before Mr Black went back in to the cell and stood over him “in his personal space.”
“It was his duty as a police officers not to be carried away by that,” the sheriff said.
Describing any movement of Mr Black’s knee on CCTV as “very subtle”, the sheriff added: “There has come to be accepted there is a movement on the part of Mr Brand just before Mr Black’s knee … a discernible movement.
“In light of that I am left with a reasonable doubt in relation to this charge.”
Relating to the earlier alleged grab, the trial had heard evidence from PC David Voigt, who was beside the complainer.
The constable had given evidence that Mr Black had pressed down on Mr Brand’s collarbone and not his neck.
Sheriff Di Emidio said: “I accept the evidence of Constable Voigt as to what he says occurs, and that is backed up by what Sergeant Black is saying.”
