A sheriff has slammed the number of people appearing before him in Kirkcaldy after attacking police.
Sheriff Timothy Niven-Smith said despite a High Court career dealing with the worst types of crimes, he remains shocked by the behaviour of Fife criminals towards officers.
As he jailed the latest to appear in the dock for police assault, he said they cannot expect to “get away with it”.
Sheriff Niven-Smith said he had been presiding at Kirkcaldy Sheriff Court for just over a year and was “taken” by the number of cases for resisting arrest and assaulting police officers.
The sheriff said: “I’ve spent an entire career in the High Court with serious offences including murder and have been completely surprised by the way in which the people, particularly those before this court in Kirkcaldy, react towards police who are simply carrying out their lawful duty.”
Sheriff Niven-Smith highlighted it is often in response to the most trivial matters.
He said: “Hopefully by sentencing people to periods of prison, the message is sent out that you can not assault police officers in Fife and expect to get away with it”.
Escape bid
He spoke out after hearing Darren Johnstone, 32, injured a female constable by kicking her to the head and body as she tried to pull him off her male colleague on September 23.
Johnstone had tried to escape through a bedroom window in the town’s Dunearn Drive shortly before.
The police had been there to carry out a welfare check on someone else staying at Johnstone’s.
They carried out a check on their computer system and found Johnstone was wanted in relation to a separate matter.
Procurator fiscal depute Amy Robertson said: “The accused became extremely hostile and shouted for them (police) to leave his property immediately and then began to dial 999 to contact police and made his way to the front door.”
Johnstone told them to “f*** off” and “get out” and accused them of breaking the law.
Ms Robertson continued: “The accused thereafter attempted to escape out through a bedroom and attempted to open a window to escape.
“One officer took hold of him and explained he was under arrest.
“The officer managed to place one handcuff on the accused’s right arm.
“The accused flung himself towards officers, throwing them both onto a nearby bed.”
Continued attack
Ms Robertson said Johnstone repeatedly attempted to strike the male constable on the body and his colleague tried to move him but could not due to his strength and aggression.
The fiscal depute said: “While the accused was on top of the male police officer he (Johnstone) initially kicked a leg backwards, striking the female officer in the face as she was trying to position herself to remove him.”
Ms Robertson said Johnstone continued to kick out at the female officer and threw a flurry of punches at the male, bruising both.
Police managed to regain control, handcuffed him and radioed for backup.
He continued to scream “I will f***ing kill yous” and threw his head towards the male in an attempt to headbutt him.
Johnstone pled guilty to assaulting both officers and behaving in a threatening or abusive manner, uttering threats of violence.
Stern Warning
Sheriff Niven-Smith described Johnstone’s conduct as “reprehensible” and pointed out when he committed the offences he was in a position of trust and on licence.
Johnstone was convicted of breaking into someone’s house in March 2021 and was released from prison in January this year.
He has previous convictions for assaulting police officers, two separate offences of assault to severe injury and another of assault with intent to rob.
Sheriff Niven-Smith jailed him for six months.
Defence lawyer David Cranston said his client was concerned about why police were so insistent on entering his home, as he had previously spoken to them on the phone about the person staying at his house.
Mr Cranston said according to a summary of evidence, his client called 999 before officers said he was a wanted person.
The solicitor said the matter he was wanted in connection with in Dunfermline came to nothing and did not go to court.
