Sir Gerald Gordon Q.C.
OPINION OF THE COURT
THE RIGHT HONOURABLE LORD MARNOCH
CONTINUED CROWN APPEAL TO THE COMPETENCY AND RELEVANCY
PROCURATOR FISCAL, ABERDEEN
ANDREW SUMMERS STUART
Act: Beckett, A.D.
Alt: J. Gilchrist, Advocate; George Mathers & Co., Aberdeen
5 February 2004 This appellant was charged on summary complaint in the following terms:
"On 13 September 2001 at Grampian Police Headquarters, Queen Street, Aberdeen and on 6 November 2001 at H.M. Prison, Craiginches, Aberdeen you Andrew Summers Stuart did falsely accuse constables of Grampian Police of committing an assault on you by repeatedly punching you on the head and pushing you to the ground to your injury whilst in the course of their duty, on 13 September 2001, at Devanha Terrace, Aberdeen, by reporting such an allegation:-
(a) on 13 September 2001, at Grampian Police Headquarters, Queen Street, Aberdeen, to Paul Gordon Morrison, Sergeant with Grampian Police;
(b) on a separate occasion on 13 September 2001, at Grampian Police Headquarters, Queen Street, Aberdeen, to Mhorvan Sherret, Inspector with Grampian Police; and
(c) on 6 November 2001 at H.M. Prison, Craiginches, Aberdeen, to David Alan Jenkins and Gordon Symonds, both Inspectors with Grampian Police and you did by such false allegations, render Warren Wattie, Constable and Michael Thomson, Sergeant, both of Grampian Police, liable to suspicion and investigation in relation to said false allegation."