A police officer’s career is in ruins after a sheriff convicted him of attacking an arrested man in Fife.
A court heard how PC Jamie Soutar sarcastically said “oops” after pushing a handcuffed Colin Wilson on the back before he fell down a set of steps outside a front door.
Soutar, 26, was the first to arrive at the address on Balgarvie Crescent, Cupar, on September 2022 after reports of a domestic disturbance.
Mr Wilson was accused of being verbally abusive, physically aggressive and making violent threats to police.
Two officers – PC David Gordon and PC Phoebe Whiteman – believed Soutar was heavy-handed and gave evidence against him at Dundee Sheriff Court.
Denied assault allegations
Mr Wilson was handcuffed and held in an entangled arm lock by Soutar who alleged that he was “bouncing” officers off the walls and continually dropping his weight as he was led out of the hallway.
Soutar claimed he, Mr Wilson and PC Gordon fell out of the front door because of this with Soutar saying he tripped on the door sill.
Giving evidence in his own defence, Soutar, vehemently denied the allegation against him.
“I landed on the large step and I managed to keep myself on the railing,” Soutar told his trial.
“I landed on my left foot. I was still standing.
“I lost grip of Mr Wilson and lost view of him as I went into the railing.”
He said: “I recovered and I saw Mr Wilson on his bottom with his feet towards the ground.”
Defence solicitor Gary McIlravey asked: “If it is suggested that you pushed him physically out the door what would you say to that?”
Soutar replied: “Absolutely not. He was still aggressive and shouting and swearing towards us.
“I absolutely, categorically did not assault Colin Wilson but I did trip through the door.”
Colleagues’ evidence
PCs Gordon and Whiteman, however, claimed Soutar did push Mr Wilson through the door and said Mr Wilson was drunk but not as physically disruptive as had been stated.
Prosecutor Michael Robertson grilled Soutar on PC Whiteman’s claim that he “forcibly pushed” Mr Wilson with both arms extended.
Soutar said she was “at worst lying” and at best had a “different perspective”.
PC Martin Bray, an officer with 15 years service and Soutar’s tutor, also attended the scene on the night in question.
He said he did not witness any push and backed-up Soutar’s version of events.
In his verdict, Sheriff John Rafferty said PC Bray changed his evidence and the “redness in his face increased noticeably”.
He said that PC Bray’s demeanour was “concerning throughout most of the evidence” and accused him of being dishonest.
Shocked reactions
The sheriff described PCs Gordon and Whiteman as “impressive” and “courageous” and rejected Soutar’s version of events.
“He (Soutar) gave evidence of an aggressive individual,” Sheriff Rafferty said.
“I do not accept that he was aggressive or dropped his weight or was bouncing anyone off the walls.
“I do not accept the mechanics of the fall as described by PC Soutar
“PC Soutar claimed he lost sight of Mr Wilson for long enough that the prisoner had been able to arrange himself from lying on his stomach, handcuffed to the rear to a position where he was – with or without assistance – sitting on his bottom.
“I don’t believe a police officer in these circumstances would have lost sight of such person for that length of time.”
Soutar shook his head as Sheriff Rafferty found him guilty with members of his family appearing shocked in the public gallery.
The first offender was convicted of assaulting Mr Wilson while he was handcuffed to the rear by pushing him on the body, causing him to fall down a number of steps and onto the ground.
Sentence was deferred on Soutar, whose address was given as care of Police Scotland in Cupar, until October for background reports.
A Police Scotland spokeswoman said: “We are aware of the outcome of proceedings and a report will be prepared for the Assistant Chief Constable for Professionalism and Assurance.”
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