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Sheriff tells Kirrie woman ‘I cannot trust you’ but stops short of remanding her

Vivian Ogilvy. Image: Facebook.
Vivian Ogilvy. Image: Facebook.

A Kirriemuir woman narrowly avoided being remanded in custody after a sheriff blasted her for breaching a bail order and domestically abusing her partner, telling her “I cannot trust you”.

Vivian Ogilvy, 42, attacked her partner in a drunken row on January 5.

In doing so, she breached strict bail conditions put in place in December, banning her from entering the street he lives on or contacting him.

Ogilvy, appearing from custody, admitted kicking and seizing Steven Kyles by the body at an address on Wolsely Street, Dundee.

‘He was coming for me’

Depute fiscal Kate Scarborough told Dundee Sheriff Court: “It was around 2.15pm, the accused was at the address with the witness Mr Kyles.

“He asked Ogilvy to leave, referring to her bail conditions. She did not leave.

“She entered the property and was there for some time.

“The complainer asked her again to leave.

“This angered the accused, who turned to face the complainer and kicked him to the face, which caused his lip to burst open.

“She tried to grab him and strike him.

“Police were contacted and attended the property a short time later.

“The complainer had a cut lip and was upset.

“In response to caution and charge, Ogilvy said ‘I did it, he was coming for me’.”

Remand avoided

Defence solicitor Billy Rennie, in mitigation for Ogilvy, said: “Both parties have significant drink problems.

“Both of them were in the house, drinking.

“There was some willingness to be in each others company.

“She has never been in custody before.”

Sheriff Alistair Carmichael originally planned on placing Ogilvy, of Brechin Road, Kirriemuir, in custody on remand, saying he could not trust she would breach her bail conditions again.

However, other arrangements were made which satisfied the sheriff he could release her on bail until sentencing on January 17.

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