A Dundee police officer convicted twice of assault — including against an autistic teenager — is still employed by Police Scotland.
Darren Moore was sentenced for his second attack on Monday at Dundee Sheriff Court.
He was convicted of his first offence – striking a 13-year-old boy at a football match – in December last year following a trial.
It was thought Moore, 42, had lost his job as an officer with the force but Police Scotland confirmed he is still an employee.
They would not say if Moore was still on full pay but it is understood he is currently suspended.
Shook head
Moore, of Liff, was chided by Sheriff Gregor Murray for shaking his head while being sentenced.
The police officer even suggested to social workers compiling his court-mandated criminal report what punishment he should receive, calling the scuffle in which he tried to bite Derek Wemyss a “minor matter”, to Sheriff Murray’s annoyance.
Sentencing him to 120 hours unpaid work, Sheriff Murray said: “Here is my reading of what has been said – he essentially said to social workers that this is a minor matter which only justifies a fine or a restriction of liberty order.”
Turning to Moore, who visibly disagreed with what was being said from the bench, he said: “You can shake your head all you want, Mr Moore but that is what is in the report.”
He continued: “Given the previous conviction, it is a serious matter.
“There are several aspects of this case which are troubling.
“You put yourself into the situation where the assault occurred, you are trained to diffuse this type of violence and there is another offence of a similar nature.
“All of these things could entitle me to impose a custodial sentence.”
Instead, Moore was sentenced to unpaid work.
Tried to bite victim
Defence solicitor Ross Donnelly, in mitigation for Moore, stressed his client had taken steps to address his poor mental health, which had exacerbated issues.
He had also moved from the area where the assaults took place.
Moore admitted assaulting Derek Wemyss by punching him on the head and body and trying to bite him on September 18 2021.
The court heard Mr Wemyss had approached Moore in Donald’s Lane, Dundee, after the complainer had intervened in an incident at a football pitch involving two boys.
The court was told a struggle started between the two and Mr Wemyss pinned Moore to the ground to prevent further assault.
Moore tried to bite Mr Wemyss, before punching him on the head and body, leaving him bruised.
A Police Scotland spokesperson said: “We are aware of the outcome of the case and a report will be made to the Assistant Chief Constable for Professionalism and Assurance.”
Previous conviction
Moore’s earlier conviction came after he pressed his head against a child’s, pushed him to the ground and struck him on the face to his injury on March 28, 2019.
The dispute again centred around a football match close to Moore’s home and the victim had approached to explain the circumstances behind an on-field fight between young players.
The trial heard how former postman Moore, who was off-duty, claimed he acted in self-defence by using a “defensive strike” in order to deal with a “male aggressive”.
He said he should have hit the youngster even earlier.
He told the court he was unaware the child was only 13 at the time.
Moore was fined £750.