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‘Pest’ security guard struck co-worker’s bottom with lanyard during attack

Kim Cessford - 03.05.12 - FOR FILE - pictured is the sign at Sheriff Court in Forfar
Kim Cessford - 03.05.12 - FOR FILE - pictured is the sign at Sheriff Court in Forfar

A security guard struck a female shop worker on the bottom with a lanyard before reaching around her to unfasten her bra, Forfar Sheriff Court has heard.

David Andrew Gardner, 26, of Court Street, Dundee, admitted putting the shop worker into a state of fear and alarm with his actions at Poundland in Arbroath’s Abbeygate Centre on May 5.

He admitted repeatedly striking the woman on the bottom with a lanyard, placing her in a headlock, pushing her on the body, placing his hand on her hip and placing an arm around her and unfastening her bra.

Depute fiscal Jill Lingard told the court Gardner had worked as a security guard at the shopping centre for around three months before the incident.

She said: “He repeatedly stopped in at Poundland to chat with staff. This got to the point that a shop manager informed him that he was becoming a pest and to stop interrupting staff.

“On May 5, he came into the shop to chat with the female shop worker.”

She continued: “She made it clear that she was not interested in a relationship with the accused.

“At 5.44pm she was working in the shop’s food and drink aisle when the accused appeared and started swinging his lanyard so that it hit her on the bottom.

“He was told to stop but he continued.

“The accused then stood very close to the woman so that his chest was on her back, causing her to feel uncomfortable and vulnerable.

“He then grabbed her in a headlock which appeared to come out of the blue. She forced her way out and told him to leave her alone.

“The accused then pushed her over for no apparent reason. Believing this was the end of the matter, the worker continued to stack shelves.

“However, the accused returned shortly after.

“He was told to leave by another worker but went up to the female worker, put his hand around her and unfastened her bra strap through her clothing.”

She said the police were contacted later that week after her manager became aware of the incident. The offence was captured on the shop’s CCTV cameras.

Defence agent Sarah Russo said: “He believed that he and the woman were friends and they chatted on a regular basis. He accepts that he misread the situation.

“Everything he did was executed in a jovial manner. He believed he was having a joke and a laugh with the complainer.

“The complainer never left the aisle and there was another member of staff working in the aisle at the time stacking shelves.

“Had the headlock and push been done in a malicious manner I’m quite certain the other member of staff would have taken the necessary steps.”

Sheriff Pino Di Emidio sentenced Gardner to 60 hours of unpaid work.