A police officer has been acquitted of sexually assaulting two people at a Perth nightclub, despite a sheriff finding parts of his evidence “incredible and unreliable”.
PC Martyn Kelly was accused of inappropriately touching a woman on the dancefloor and “slapping and grabbing” a man’s bottom on the same evening.
The female alleged victim previously told how she felt “completely violated” and was left struggling for breath.
PC Kelly, 37, denied both allegations, telling Perth Sheriff Court: “It’s not in my nature, I’m a police officer.”
After two days of evidence, Sheriff Jennifer Bain KC found the charges against him not proven.
She told him: “Regarding your evidence, I found it in many respects to be incredible and unreliable.
“That is concerning given your role as a police officer.
“But even were I to reject it in its entirety, that does not mean that the opposite is true.”
She added: “When I consider the Crown case, I am left with a reasonable doubt about your guilt and I am therefore bound to acquit you.”
On the dancefloor
PC Kelly told his trial he had been “probably the most sober” person during a night out in Perth with a former colleague and his friends on November 11 2023.
The group ended up at the Loft nightclub, South Street.
The officer said he had four or five vodkas throughout the evening, mindful he was driving the following day.
“At one point, (the woman) had a go at me and accused me of touching her bum,” he said.
“She was right in my face. I remember saying stop being so aggressive, calm down.”
He said: “I was confused. It was not something I would ever do.
“It’s not in my nature, I’m gay.”
In her evidence, given in February, his accuser had said: “I was facing my sister, we were dancing.
“I felt someone put their hand between the back of my legs. They put their fingers on my vagina.”
She said the hand had stayed for a couple of seconds.
PC Kelly told the trial the woman was so upset, it was clear something had happened to her but he was adamant she was wrong about his involvement.
False accusations fear
The court heard the officer later messaged a friend, asking: “Have I f***ed my job?”
“I was quite anxious,” he told his trial.
“False accusations can be detrimental to anyone’s job and their life.
“I’ve known people to lose their jobs over allegations alone.
“We are constantly told not to socialise with people you don’t know, so I probably should have walked away.”
PC Kelly accepted he had not handled the situation well and wanted to apologise to the woman for telling her to “calm down” when she accused him.
He added: “To say that I touched her vagina is ridiculous – I haven’t touched one in my 38 years of living.”
‘The unluckiest man at The Loft’
The court was shown CCTV of the packed dancefloor and of PC Kelly speaking to a member of the door staff outside.
“I was telling him: ‘It’s not in my nature, I’m a police officer,'” he explained.
The officer said the video also showed he was “nowhere near” the woman when she was allegedly assaulted.
PC Kelly further denied touching a man’s bottom on the same night.
During cross-examination prosecutor Stuart Hamilton said to the officer: “You must have been the unluckiest man at The Loft nightclub that night, to have two sexual assault allegations made against you.”
He replied: “I do believe something happened to (the woman) but I know 100% it was not me.”
PC Kelly, whose address was listed as c/o Professional Standards Department, Edinburgh, was told he was free to go after the not proven verdict was returned.
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