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Extra jail time for Perth prisoner whose violent strop left guard with glass in his eye

Fergus Muldoon caused his observation hatch window to smash when he threw a tantrum in the jail's segregation unit.

Fergus Muldoon. Image: Facebook
Fergus Muldoon. Image: Facebook

A Perth prison officer got glass in his eye when an inmate threw a strop in the jail’s segregation unit.

Fergus Muldoon, who was locked up for a botched armed robbery in Fife, thumped at his cell window when he found out he wasn’t getting recreation time.

His violent tantrum caused the glass on his observation hatch to shatter, with fragments flying into the face of a prison guard who was trying to calm him down.

Muldoon, 27, appeared via video link at Perth Sheriff Court and admitted a charge of culpable and reckless conduct on March 29 2023.

He was sentenced to a further six months behind bars.

Hit observation hatch

Fiscal depute Lee-Anne Barclay, prosecuting, said Muldoon was on his own in cell number 14 at the segregation unit.

“At about 2.20pm, the accused activated the intercom button,” she said.

Fergus Muldoon. Image: Facebook

“Prison officer Joseph Findlay answered, but he was unable to understand the accused because he was irate.

“He went to speak to the accused at his cell through the observation hatch

“Mr Findlay attempted to de-escalate the situation, but the accused became more aggressive.

“When the officer went to the hatch to get a better view of the cell, the accused repeatedly punched the window.

“This hit the glass on the outside of the door, causing it to smash into Mr Findlay’s face and beard.”

Perth Sheriff Court.

The guard was assessed at the prison health centre, before being transferred to Perth Royal Infirmary.

Doctors found small abrasions where glass had entered his left eye.

Mr Findlay was prescribed antibiotic cream, the fiscal depute said.

“At a follow-up appointment it was found his eye was healing up satisfactorily.”

Problems with emotional regulation

Solicitor Iain McAfferty, defending, said his client had been in jail since September 2019.

He explained that Muldoon was due to get recreation and access to showers that day.

But there had been a change of arrangements without prior warning, and Muldoon got angry when he was instead left in his cell.

Mr McAfferty said: “Over the years, Mr Muldoon has had problems with his emotional regulation, and he accepts there was an outburst.

“He is conscious that matters could have been very different and there could have been lasting damage.”

He said his client apologised to Mr Findlay when he returned to work the next day.

Muldoon, now serving time in HMP Glenochil, is hoping to go back to the Fife area once he’s released.

He was due to be released in April.

Sheriff Jennifer Bain KC told Muldoon: “This behaviour was aggressive and unnecessary, and caused injury to an officer who should have been able to work without fear of injury.

“I take into account the Perspex screen you were striking did not break.

“However, I do not accept there was any need for you to be behaving in that manner.”

She said: “Your record of offending is concerning, and I noted that a previous breach of prison rules has already had an impact upon you.

“However, it does not appear to have deterred you from the behaviour before me today.”

The sheriff imposed a consecutive six month sentence.

Violent history

In 2021, Muldoon was jailed for four-years-and-two-months for an assault on another inmate using an open razor.

It followed an escalating series of “stupid” disagreements between the pair.

Sheriff Alistair Brown told Muldoon he was considering sending the case to the high court for an even stiffer sentence.

Muldoon was jailed for 32 months in 2018, for taking part in a botched armed robbery at a branch of RS McColl’s in Glenrothes.

Dunfermline Sheriff Court heard how, while wearing a mask, he held a knife to the throat of a staff member and attempted to rob her.

He was jailed again in January 2020 for attacking two strangers who challenged him about being in their gardens.

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