A police officer found guilty of assaulting a suspect has been fined £900. Dundee Sheriff Court was told that the fellow officers who gave evidence against PC Jamie Soutar are now the subject of an internal investigation.
The court was told that the duo – who are understood to have been suspended – are being investigated for perjury by Professional Standards. Solicitor Gary McIlravey, defending, asked the court to defer Soutar’s sentencing for three months to allow the inquiry to take place.
Mr McIlravey said: “He was convicted on the basis of two police officers’ evidence and it has come to light that these sources are now under investigation. Professional Standards are carrying out that investigation and it is under assessment at this stage.
“My understanding is that a number of complaints have been made in relation to perjury in this case and other cases involving these two officers. There has been a suggestion of attempting to pervert justice by asking officers to change evidence.
“Nine officers have stood up to be counted as far as these allegations are concerned. Professional Standards have confirmed the investigation and my client has found out what is happening on the street. For the purpose of assessing where the investigation goes, if anywhere, I ask for a three month deferral.”
He said a Detective Inspector had come forward to provide Soutar with a character reference. However, Sheriff John Rafferty refused the request and fined PC Soutar £900, while praising the two colleagues who came forward to give evidence against him.
He said: “I had a clear view of the evidence I heard. If it transpires police officers are convicted of anything associated with perjury that will be grounds for review.
“I am not proceeding to sentence on the basis there is a question mark over the evidence of the officers. I assessed their evidence. I wish to commend the courage of the two police officers. They had only been police officers a short while when they noted a more senior colleague assaulting a prisoner.
“They were not prepared to overlook this. They understood what it meant to serve the public as police officers and, had it not been for their courage, this case would not have been brought, and the accused would not have been brought to justice.”
Sheriff Rafferty told Soutar: “Your crime is a serious one. You had a duty of care towards Colin Wilson. He was in your custody. You pushed him, causing him to fall to the ground. I consider it sinister that you said ‘oops’ as you carried out this deliberate act.
“You pushed him when he could not use his hands to break his fall. Your conduct was shameful. You achieved your lifetime ambition of becoming a police officer. As a result of a single act you have brought shame upon yourself.”
The trial heard how Mr Wilson had been reported for a domestic disturbance at his home in Balgarvie Crescent, Cupar, Fife, in September 2022. Soutar, 26, was the first officer to arrive at the address and the trial heard Mr Wilson became abusive and aggressive and hurled threats.
However, two officers – PC David Gordon and PC Phoebe Whiteman – believed Soutar was heavy-handed and gave Crown evidence against him during the trial. Mr Wilson was handcuffed and held in an entangled arm lock by Soutar, who claimed his victim was “bouncing” officers off the walls and repeatedly slumping as he was led out of the hallway.
Soutar claimed he, Mr Wilson and PC Gordon fell out of the front door as a result. Soutar said he tripped on a ledge at the door.
He said: “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.”
Defence solicitor Gary McIlravey asked: “If it is suggested that you pushed him physically out the door what would you say to that?” “Absolutely not,” Soutar replied. “He was still aggressive and shouting and swearing towards us. I absolutely, categorically, did not assault Colin Wilson but I did trip through the door.”
PCs Gordon and Whiteman told the trial Mr Wilson was drunk but was not as aggressive or abusive as their colleague claimed. They stated that Soutar pushed him through the door and said “oops” sarcastically.
Soutar claimed PC Whiteman was “at worst lying”, or at best, had “a different perspective” about what had taken place during the incident. PC Martin Bray told the court he had previously been Soutar’s mentor and had 15 years service with Police Scotland. He said he had attended the same incident and had not seen any push.
However, as he found Soutar guilty, Sheriff Rafferty noted “redness in his face [PC Bray’s] increased noticeably” as he changed his evidence during the trial. He said that PC Bray’s demeanour was “concerning throughout most of the evidence.” In contrast, he praised the quality of evidence given by PCs Gordon and Whiteman.
“He gave the evidence of an aggressive individual,” Sheriff Rafferty said. “I do not accept that Mr Wilson was aggressive or dropped his weight or was bouncing anyone off the walls. I do not accept the mechanics of the fall as described by PC Soutar.
“PC Soutar claimed he lost sight of Mr Wilson for long enough that the prisoner had been able to arrange himself from lying on his stomach, handcuffed to the rear to a position where he was, with or without assistance, sitting on his bottom. I don’t believe a police officer in these circumstances would have lost sight of such person for that length of time.”
Soutar was found guilty of assaulting Mr Wilson while he was handcuffed, by pushing him on the body, causing him to fall down a number of steps and onto the ground.
A Police Scotland spokeswoman said: “We are aware of the outcome of proceedings and a report will be prepared for the Assistant Chief Constable for Professionalism and Assurance.”
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