A man accused of vandalising multiple parked cars in Perth city centre has been acquitted – by a nose.
David Irvine was charged by police with removing wing mirrors from vehicles at pay-and-display sites in the city’s Canal Street and Speygate.
The 37-year-old appeared at Perth’s Justice of the Peace Court and denied five counts of malicious mischief.
The size of his “Roman-esque” prow came under heavy scrutiny during the trial.
The court was show CCTV footage from Speygate cameras, taken in the early hours of May 4, 2021.
It showed a hooded male acting suspiciously around parked motors, before ripping off two wing mirrors from a white Toyota Aygo and a Volkswagen Polo.
Police officers told the court they believed the man in the film was Mr Irvine, despite a hood hiding most of his features.
The court heard the suspect was identified by his “prominent” nose and distinctive walking style.
But when shown a blown-up image of the CCTV suspect, one officer admitted he could not say it was Irvine “beyond a reasonable doubt.”
Solicitor Billy Somerville, defending, said: “My client may have what is described as a Roman nose but that shouldn’t mean that everyone with that kind of nose is a suspect.”
Picked the wrong nose
Mr Somerville successfully argued prosecutors had not produced any evidence to suggest Irvine had targeted three vehicles in Canal Street.
Mr Irvine was found not guilty of those three charges.
Addressing the remaining two charges involving cars in Speygate, Mr Somerville said: “I’m concerned that we are picking on people with big noses.
“There needs to be something else.
“For example, if he was seen nearby around the same time, or if he was wearing similar clothes.
“The evidence may suggest it was ‘more likely than not’ but that is not beyond a reasonable doubt.”
Fiscal depute Elizabeth Hodgson said one officer had also identified the suspect’s walk.
“That may sound unusual but someone’s walk can be unique to them,” she said.
JP Paul Walker said: “I have viewed the video in this case.
“I find this to be the most inexplicable behaviour by any sentient human being.
“I can’t get my head around it.”
Mr Walker described police witnesses as “credible and reliable” but “undermined by their candour” when it was put to them the man on the CCTV may not be Mr Irvine.
”On the balance of probabilities, I find the case not proven.”
Mr Irvine, of Echo Court, was told off by court staff for doing a Monty Python-style silly walk out of the courtroom.
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