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Monday court round-up — Phone perils

Court-round-up graphic

Bringing you the latest court updates to start off the week.

Facebook bra pic

A 33-year-old Fife woman posted an intimate picture of a woman wearing a bra, using someone else’s Facebook account, without their permission.

Dunfermline Sheriff Court heard Gillian Smith, of Leighton Street in High Valleyfield, also posted a series of derogatory and abusive messages about the woman on the social media site, which were visible to the account holder’s friends.

Procurator fiscal depute Catherine Stevenson told the court the messages were screenshotted by someone who made the person shown in the photograph aware.

The depute fiscal said the woman became upset as the picture was unsuitable for posting on such an open forum and she contacted the police.

Defence lawyer Peter Robertson said Smith is “quite remorseful” over the incident.

Sheriff Mungo Bovey deferred sentence for six months for Smith to be of good behaviour and told her she would be admonished if she complied.

Smith pled guilty to behaving in a threatening and abusive manner on November 14 in 2020.

Second police assault

Dundee police officer Darren Moore was given a community disposal after his second assault conviction. Police Scotland said a report into Moore will be considered.

PC Darren Moore
PC Darren Moore

Snapchat messages

A man who sent sexual Snapchat messages to a child from a Fife address has been told to confess to his mum about his conviction.

The sentencing of Shaun McCutcheon at Kirkcaldy Sheriff Court was deferred until March 16 for Sheriff Jamie Gilchrist to be present.

On Friday, Sheriff Alison McKay ordered a restriction of liberty order assessment for McCutcheon.

The sheriff noted the 23-year-old had not yet told his mother about the conviction.

Shaun McCutcheon appeared at Kirkcaldy Sheriff Court.

McCutcheon, of Everard Rise in Livingston, will be sentenced after he sent a teenage girl sexual messages via social media app Snapchat.

Between September 2019 and February 2020, McCutcheon sent messages of “a sexual nature” to the girl from an address in Foulden Place, Dunfermline.

Court papers show the girl was only 15 years old at the time of the offence.

McCutcheon intentionally sent the messages to the girl, who cannot be named for legal reasons, for the purposes of sexual gratification or for the purposes of humiliating, alarming or distressing her.

Hansel and Gretel trail

Hungry thief Michael McNeilage broke into a Crieff bakery and led police to him with a ‘Hansel and Gretel’ trail. He also broke into the nearby pharmacy.

Michael McNeilage, Campbells bakery
Michael McNeilage raided Campbells Bakery in Crieff.

999 mistake

An abusive boyfriend was arrested after he called 999 to report being attacked by his partner.

Bartlomiej Fijalkowski got into a row with his girlfriend at their home in Cross Street, Perth.

Fiscal depute Joanne Ritchie told the city’s sheriff court: “Both were sober and had not been drinking.

“The argument went on for a number of hours.

“Matters escalated when the accused grabbed the complainer’s hair and struggled with her.”

She said: “The complainer slapped the accused a few times across the face.

“It was actually the accused who dialled 999.”

Officers attended the property and found the girlfriend home alone.

“The accused had left the property,” said Ms Ritchie.

“She said they had both been angry and they were both as bad as each other.”

Fijalkowski, now of Menzies Court, Perth, was arrested the following night.

He admitted a charge of assaulting his partner by seizing her hair and struggling with her on September 2, 2021.

Solicitor Linda Clark said the argument began after Fijalkowski’s girlfriend became upset because he had not responded to her texts.

“He is in full-time employment and does have access to his phone,” she said.

The court heard his partner may have returned to her native Poland.

Sheriff Francis Gill fined Fijalkowski £450 and issued a non-harassment order against him for 12 months.

Drink-drive folly

Drink-driver Martin Maughan was caught by police when he tried to stock up on more booze at a Perth garage. The 27-year-old builder from Shropshire was already more than three times above the limit.

Drink-driver Martin Maughan was caught by police when he tried to stock up on more booze at a Perth garage.
Martin Maughan.

The full caseload of the Dundee Crime and Courts Team can be found here.