A jailed drug dealer grabbed a prison officer in a “bear hug” during a disturbance at HMP Perth.
Neil Phinn, from Dundee, assaulted the guard when he tried to seize a tiny package of tobacco.
His brother John, who was also locked up at the time, had attempted to distract the officer and tried to hide his sibling behind a rug.
Phinn, 40, appeared at Perth Sheriff Court and admitted assaulting jail worker Timothy Cochrane on November 15 2019.
Prosecutors accepted not guilty pleas from his brother John.
Scrap over paper
Fiscal depute Sarah Wilkinson said: “Mr Cochrane was supervising the accused in the prison’s C-Hall at around 4pm.
“At this time, the accused was out of his cell to use a phone.”
She said: “On finishing his phone call, Mr Cochrane instructed both men to return to their cells.
“John Phinn then attempted to distract the complainer by holding up a rug, obstructing his view of what the accused was doing.
“He could see the accused had a piece of paper.”
When challenged by Mr Cochrane, Phinn pulled the scrap paper out of his pocket and threw it to the floor.
Ms Wilkinson said: “When the complainer tried to recover the item, the accused grabbed him by each arm to prevent him from doing so.
“He pulled him by his arms with force and restrained him in a bear hug.”
The court heard other officers ran to assist.
Phinn was escorted back to his cell.
Good behaviour report
A recent study revealed there have been 119 attacks on officers at Perth Prison since 2019.
Solicitor Jim Caird, defending, said: “Mr Phinn does feel remorseful.
“But I would suggest this was a relatively minor matter – there’s no suggestion of any form of injury.”
Mr Caird said the paper contained a small amount of tobacco.
The court heard Phinn spent 14 days in segregation for the assault.
He also had his prison wages docked.
Sheriff Kirsty Hood QC deferred sentence for four months for Phinn to prove he can stay out of trouble.
“It is a serious matter to behave this way within a prison setting,” she said.
Earlier convictions
Phinn was jailed for almost three-and-a-half years in 2019.
Dundee Sheriff Court heard he was caught by police after pranging a friend’s car in Broughty Ferry and running off, leaving behind a bag of heroin worth nearly £3,000.
Investigators traced him after analysing DNA found on the airbag of the car.
Phinn, of Linfield Street, Dundee, was previously jailed for being concerned in the supply of drugs.
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