A drug-driver was remanded in custody after being berated by a sheriff for “yawning ostentatiously” in court.
Drew McCluskey was told off for disrespecting the court and locked up after he admitted being 16 times over the drug-driving limit.
McCluskey was first warned by a court police officer for loudly sighing and yawning while other cases were being dealt with at Dundee Sheriff Court.
He continued to yawn loudly and when it came to his turn to appear in the dock, Sheriff Paul Brown made it clear how furious he was about the behaviour.
He said: “Why was he doing that? It was childish behaviour. What age is he?”
He said: “You are 35 or 36. You are a bit old for that behaviour, are you not?”
Solicitor Ross Bennett, defending, said: “He apologises.
“He has got a cold and was working some long hours recently.
“He was thinking about these proceedings overnight.
“He yawned ostentatiously and meant no disrespect to the court.”
However, Sheriff Brown replied: “I don’t see how that explains that behaviour.
“You can be tired and yawn without stretching yourself all over the place and doing it as loudly as you can.
“The police officer warned him and he didn’t see to take that warning.
“Quite the opposite in fact and then he did it a second time.
“The second time he did it was during the narrative for a serious offence when the accused was about to receive a sentence.”
Drug-driving
After the dressing-down from the sheriff, McCluskey admitted driving under the influence of drugs in various Dundee streets on November 23 2020.
He also admitted having a lock knife and cocaine in the car when he was stopped by police in the city’s Derwent Avenue shortly before 10am.
The court was told McCluskey was 16 times over the legal limit for a cocaine derivative and five times over the limit for cocaine when his blood was analysed.
Fiscal depute Stewart Duncan said: “At 9.20am a member of the public saw a silver Audi parked.
“They saw that the accused appeared disorientated.
“They knocked the window to ask if he was okay and the accused drove off.
“They contacted police. Other officers on patrol became aware of the vehicle accelerating harshly.
“Due to concerns about the manner of driving the details were circulated.
“He stopped near the Asda car park.”
Powder and knife found
McCluskey was asked if he was under the influence and told officers: “No, I’m fine.”
A wrap of white powder and a small knife were clearly visible in the car and he was arrested.
Mr Bennett asked the court to grant bail pending the preparation of social background and restriction of liberty reports.
However, Sheriff Brown remanded McCluskey and said: “I have listened very carefully but I have not finally made up my mind yet what the sentence will be.
“Because of the nature of the offence and your schedule of previous convictions – including it being your fourth for an offensive weapon – I do not consider you a suitable candidate for bail.”
