Two police officers whose evidence led to their colleague being convicted of an assault in Fife are now being investigated by a force watchdog, a court has been told.
PC Jamie Soutar was fined after being found guilty of attacking Colin Wilson while he was handcuffed.
Soutar was convicted of pushing Mr Wilson on the back before he fell down a set of steps at the front door of an address in Cupar.
His trial at Dundee Sheriff Court heard how Soutar, 26, sarcastically said “oops” after pushing Mr Wilson.
PCs David Gordon and Phoebe Whiteman, who were also at the scene, believed Soutar was heavy-handed and gave evidence against him.
However, the two officers – praised by the sheriff – are now under investigation with Soutar’s solicitor claiming Police Scotland’s Professional Standards Department is looking into alleged perjury complaints.
“Mr Soutar was convicted on the basis of evidence of the two police officers,” Gary McIlravey said at Soutar’s sentencing hearing.
“It’s come to light these witnesses are under investigation by Professional Standards.
“They (Professional Standards) have advised that the investigation is at ‘assessment’ at this stage.
“They are unable to provide any more detail.”
Mr McIlravey added: “My understanding is a number of complaints have been made in relation to perjury in this case as well as other issues involving these two officers.”
The solicitor alleged that since the conclusion of the trial, nine other officers have expressed a desire to provide evidence.
A Police Scotland spokesperson said: “We have received a report and it is being assessed.”
Mr McIlravey urged Sheriff John Rafferty to defer sentence for three months in order for further investigations to take place.
However, the motion was denied with Sheriff Rafferty saying it was “not appropriate” for the case to be continued.
Accused’s defence heard
The court heard previously how Soutar was the first to arrive at a reported domestic disturbance on Balgarvie Crescent in September 2022 with Mr Wilson accused of being verbally abusive and physically aggressive towards police.
Mr Wilson was handcuffed and placed in an entangled arm lock by Soutar, who alleged he was “bouncing” officers off the walls as he was led out of the hallway.
Soutar claimed he, PC Gordon and Mr Wilson fell out of the door.
He said in evidence: “I landed on the large step and I managed to keep myself on the railing.
“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.
“I recovered and I saw Mr Wilson on his bottom with his feet towards the ground.
“I absolutely, categorically did not assault Colin Wilson but I did trip through the door.”
Sheriff commends officers
Soutar returned to the dock following the preparation of a social work report which Mr McIlravey suggested may be one of the most positive Sheriff Rafferty will have seen.
It was revealed a detective inspector wrote a glowing character reference on Soutar’s behalf with Mr McIlravey hoping his client could be admonished for the incident.
Sheriff Rafferty said: “Having no regard in sentence to the comments you made about the officers, it remains my intention that I wish to commend the courage of the two officers, Phoebe Whiteman and David Gordon.
“These two officers understood what it meant to serve the public as a police officer.
“Had it not been for their courage, this case would not have been brought and you Jamie Soutar would not have been brought to justice.
“You had a duty of care towards Colin Wilson – he was in your custody.
“I consider it sinister that you sarcastically said ‘oops’ as you carried out this deliberate act.
“You pushed him when he could not use his hands to brace his fall. Your conduct was shameful.”
Soutar was fined £900 which will be paid within 28 days.
Chief Superintendent Helen Harrison of Police Scotland said: “We are aware of the outcome of proceedings and a report will now be prepared for consideration of misconduct proceedings.
“All officers are bound by our standards of professional behaviour and any instance where an officer fails to uphold our standards will be investigated and appropriate action taken, as outlined in the conduct regulations.”
For more local court content visit our page or join us on Facebook.
