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Friday court round-up — Missing tooth and sex fiend’s VPN phone hack

A round-up of court cases from Tayside and Fife.

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A 46-year-old Kirkcaldy man left his victim with a missing tooth during an assault and robbery.

Neil Proctor acted with another man during the attack at a grassed area in the town’s East March Street and Cairns Street East on March 31 last year.

He appeared at Kirkcaldy Sheriff Court to admit repeatedly punching the man on the head causing him to fall to the ground, searching through his pockets and robbing him of cash.

His victim was left severe injured and permanently disfigured.

Prosecutor Duncan MacKenzie told the court the victim had been arguing with someone at an address about drugs.

Proctor began threatening the man, who then asked him for a “square go”.

The accused then punched him once to the face and another unknown male also punched the man, causing him to fall to the ground, Mr MacKenzie said.

Kirkcaldy Sheriff Court.
Kirkcaldy Sheriff Court.

While on the ground the two attackers rummaged through their victim’s pockets and stole £70.

The fiscal depute said the man lost one of his bottom incisor teeth and that other teeth were loosened.

He was also seen to be bleeding heavily from the mouth.

The man refused medical treatment.

The court heard that Proctor, who was unemployed at the time, has previous convictions including for assault to severe injury and permanent disfigurement.

Defence lawyer Callum Harris said Proctor’s offences were committed in the context of drug use and that he had been at another address taking drugs.

The solicitor said: “There seems an element of opportunism in the offence from Mr Proctor’s part, which he accepts entirely”.

Mr Harris said Proctor, of Earn Road, Kirkcaldy, has had a longstanding problem with heroin but he is currently sober.

The lawyer asked the court for background reports to provide an update on how his client is performing on a community payback order previously imposed for other offending.

Sheriff Robert More deferred sentencing until May 20 to obtain background reports.

Pick-up truck tragedy

An equestrian boss “consumed by remorse” after causing his aunt’s death in an accident near Kinloch Rannoch has received a community sentence.

Jacqueline Gadd, 69, died after being reversed over and getting trapped underneath a pick-up truck driven by Andrew Dewar-McCabe in June 2022.

Andrew Dewar-McCabe
Andrew Dewar-McCabe.

A trial heard how Dewar-McCabe struck Ms Gadd with the Mitsubishi vehicle, which was loaded with tools and wraps for hay bales, on the C450 east of the entrance to Bunrannoch House in Perthshire.

Ms Gadd – described as a “much loved mother and grandmother” – died a short time later after succumbing to her catastrophic injuries.

Dewar-McCabe was handed an unpaid work order and banned from driving.

Sex offender had VPN on phone

A sex offender who was caught with pornography on his phone after making a drunken “nuisance” of himself at Tesco in Montrose has been ordered to perform unpaid work.

Aaron Ryan is subject to a stringent order restricting his internet access as part of a seven-year sexual harm prevention order (SHPO) imposed in 2021.

However, he ended up in custody after police were called out to deal with him at the supermarket in March 2024.

Dundee Sheriff Court heard how officers were called out to Tesco because Ryan was “causing a nuisance” but not behaving criminally.

Fiscal depute Joanne Ritchie said: “Police asked him for his details and asked him for access to his phone.

“An officer viewed the browsing history and on one of the pages, the browser showed a VPN (virtual private network) and pornographic material was visible.”

Ryan, of Southesk Terrace in Brechin, replied to his arrest: “I honestly didn’t understand my bail conditions.”

Sheriff George Way placed the 26-year-old on supervision for 18 months and ordered him to perform 100 hours of unpaid work.

He is also subject to the sex offenders’ register for 18 months.

Unhappy customer

A 20-year-old Fife man stole hundreds of pounds from an escort after paying her for sex.

Daniel McNeil had been boozing at a friend’s house in Methil and paid for an Uber to take the sex worker to the address he was at.

After sexual contact took place, McNeil became “unhappy” and took the money from the woman’s handbag before she left in a distressed state.

McNeil, of Castle Crescent, Kennoway, appeared at Dunfermline Sheriff Court to plead guilty to removing a handbag from the woman and stealing money from her.

Spitting attack

Six officers in riot gear guarded a woman while she appeared via video link to admit spitting at police while being positive for Hepatitis C.

Carrie Ann Brown, 42, was seen being held back by one of the officers during the virtual appearance at Dundee Sheriff Court.

She admitted making threats of violence and threatening to infect others with Hepatitis C at the Carseview Centre and during a journey to Dundee’s police headquarters on March 25.

Dundee Sheriff Court.
Dundee Sheriff Court.

Brown also pled guilty to headbutting a male officer, attempting to kick him and spitting on his body while claiming to be infected with the blood-borne virus.

While in police custody, Brown spat on the head of a custody officer.

Solicitor Ross Bennett said: “She has been victimised in prison as one of the prison officers told other persons she was positive for Hepatitis C.

“She has now been placed on protection.

“She bitterly regrets what happened.”

Sheriff Derek Reekie deferred sentence on Brown until next month for a social work report to be prepared and continued her remand in custody meantime.

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