Latest news with #InvernessSheriffCourt
Press and Journal
28-05-2025
- Press and Journal
Dangerous Drumnadrochit dog's owner loses appeal against conviction
A woman who claimed her German Shepherd was a 'good-natured' pet after it bit a delivery driver has lost a bid to overturn her conviction. Janet MacFarlane's canine, Diego, attacked the worker through a gap in the gate of her home in Drumnadrochit, on April 14 2023. Inverness Sheriff Court heard how the man needed stitches after the incident. She was charged with having a dog dangerously out of control following proceedings in September 2024. Sheriff Sara Matheson ordered Diego to be muzzled and kept on a lead and muzzled when in a public place – she also ordered MacFarlane to pay Diego's victim £600. The conviction prompted MacFarlane's legal team to go to the Sheriff Appeal Court in Edinburgh, where they argued that the judge failed to follow the correct legal tests in her decision to convict MacFarlane. The Sheriff Appeal Court heard that if Sheriff Matheson had followed the correct interpretation of the law, MacFarlane would have been acquitted. But in a written judgement issued by the court on Wednesday, Sheriff Principal Aisha Anwar KC, rejected defence arguments and upheld the conviction. Sheriff Principal Anwar, who sat with colleagues Appeal Sheriff Iain Fleming and Appeal Sheriff David Young KC, said their colleague had acted correctly. She added: 'We shall… refuse the appeal.' During proceedings, the delivery driver, who wasn't named in the judgement, told the court that when he arrived at the property the dog was initially called away by MacFarlane's husband. He said he did not notice the dog returning as he passed the parcel over to MacFarlane – but it was at this point that he was bitten through a gap in the gate. In evidence, the man recalled: 'I said to the lady: 'Your dog had just bitten me and she shrugged and walked away.'' The court heard that the entrance to MacFarlane's property featured three signs warning visitors about the four-legged residents, including one that said: 'Beware of the dog, it may bite, you have been warned.' She said six-year-old Diego was a 'beautiful, good-natured dog' who had 'never bitten anybody'. 'He is a more laying on his back with his belly getting tickled kind of dog,' she added. MacFarlane confirmed she had installed wire to block the gaps in the fence since the incident.
Press and Journal
23-05-2025
- Press and Journal
Lorry driver jailed after hitting charity cyclist on the A9
An HGV driver has been jailed after he hit a Land's End to John O'Groats charity cyclist on the A9, leaving him seriously injured. James McTaggart failed to spot James Baker as he drove north on the trunk road between Dunkeld and Pitlochry. Dashcam footage from his lorry was played to Inverness Sheriff Court and showed the moment he collided with Mr Baker's bicycle in the early hours of the morning. The court was told that later the same day, McTaggart tested positive for cocaine in a roadside drugs test – but it could not be conclusively proven he had been under the influence at the time of the collision. Mr Baker, from Cheshire, had been taking part in a charity cycle ride to raise money for Multiple Sclerosis along with three other friends. McTaggart, 33, appeared at Inverness Sheriff Court, where he admitted charges of causing serious injury by careless driving and drug-driving. Fiscal depute Victoria Silver explained that the cyclists were travelling in convoy with support vehicles to the front and rear, connected by radio. 'One was supposed to drive ahead, another to the rear, to offer some protection to them on the road,' Ms Silver said. But at around 2.15am, on the dark and drizzly morning of July 9 2023, the convoy had pulled into a layby North of Blair Atholl for a rider change before Mr Baker set off on his portion of the ride. 'There was a cycle path to the side, however decision was made that the charity cycle would remain on the A9,' the fiscal depute explained. She said the cyclist was wearing a light blue jersey and gilet and had working lights on his bike. Witnesses stated that 'as he set off, there were no other vehicles on the road'. The driver of the support vehicle estimated that it took around 40 seconds between the rider and the rear support vehicle leaving the layby. In this time a car and a lorry passed. Around this time, another driver spotted a torch waving in the road and a stationary lorry. He stopped and spoke to McTaggart, who told him: 'I've clipped a cyclist.' 'The driver observed a person lying in the road in the northbound carriageway,' the fiscal depute said. When the support van also arrived at the scene, alerted by the flashing hazard lights ahead, McTaggart, who was shaking, told the driver: 'I didn't see him – I just didn't see him.' The court was played dashcam footage taken from the cab of McTaggart's lorry, which showed a car passing him and another approaching with its headlights appearing to flash, as well as the smaller light of Mr Baker's cycle on the left-hand side. The footage shows the lorry bearing down on the bicycle, not appearing to adjust its speed in the moments before the collision. Police and ambulance attended at the scene and Mr Baker was taken to Raigmore Hospital where it was confirmed he had suffered a number of broken bones, including ribs, clavicle and vertebra. He also suffered internal injuries. McTaggart gave a positive breath test at the scene, but officers who attended were not trained in the drug wipe procedure. He was traced by trained officers later that morning, in his parked lorry near Moy. At this stage, a roadside test came back positive for cocaine and later blood testing revealed him to have 250 microgrammes of the cocaine metabolite benzolecgonine per litre of blood – five times the legal limit of 50 microgrammes. Solicitor Kevin Hughes, for McTaggart, told the court that his client had taken the drugs, which were left over from recreational use days prior to the incident, after the collision. Speaking about the careless driving charge, Mr Hughes said: 'Very unfortunately there was a cycle path running the length of the road, for some reason, the decision was taken to use the road 'The rear support vehicle was not in place. 'He failed to see the rider. 'It was dark at the time – he wasn't wearing a reflective jacket.' 'He was driving the vehicle, he believed he was paying attention to the road, he simply failed to see him.' Responding to a suggestion that McTaggart had sought to blame his victim during the preparation of a presentencing report, Mr Hughes said: 'He just would have expected the person to be using the cycle lane rather than the A9. 'Because he didn't see him, he would have expected him to be more visible than he was.' 'He has accepted that it is his responsibility to see obstructions in the roadway – no matter what they are,' Mr Hughes added Sheriff Ian Cruickshank told McTaggart, of Dovecot Road, Tullibody: 'I have taken time to digest the Crown narrative and I have viewed – on several occasions – the footage which effectively captures the collision. 'I remain very sceptical of your explanation, but it would be wrong for me to conclude as a fact that the level of benzolecgonine at the time of the accident exceeded the prescribed limit. 'It is a matter of fact that you failed to observe the cyclist prior to colliding with him. 'The real issue is the degree of carelessness.' Sheriff Cruickshank said: 'It is difficult to comprehend how you failed to see the cyclist in sufficient time to take the necessary evasive action.' Assessing McTaggart's culpability as high, he said: 'I consider that there is no alternative but to impose a custodial sentence.' He jailed McTaggart for eight months and banned him from the roads for 23 months.
Press and Journal
21-05-2025
- Press and Journal
Moray Snapchat pervert caught sending indecent pictures to children for second time
A Moray man who once claimed it was a 'drunken mistake' when he sent a 13-year-old girl photographs of his private parts has appeared in court after he committed the same offence for a second time. Callum Bowie, 23, was convicted of communicating indecently with a child in 2022 after sending the photos and video to the child over Snapchat. His solicitor at the time argued that Bowie's actions were a 'drunken mistake' and there was 'no risk' that would require him to be added to the sex offenders register. 'I am quite confident we will not see him in court again,' the solicitor added. However, less than a year after that court appearance, Bowie was back on Snapchat and communicating indecently with what he thought was a 14-year-old girl. Inverness Sheriff Court heard that Bowie – who admitted the offence – was still being monitored by police and had given officers his Snapchat profile name and phone number. Fiscal depute Pauline Gair told Sheriff Ian Cruickshank that apart from the indecent messages, Bowie also sent several images of an erect penis between July 13 and 26 2023. The 14-year-old girl was, in fact, an undercover police officer. Sentence was deferred until July 1 for a background report and for the court to consider the imposition of a Sexual Harm Prevention Order. Bowie, of Green Street, Rothes, was again placed on the sex offenders register.
Daily Record
20-05-2025
- Business
- Daily Record
Scots children as young as 11 being sold vapes while in school uniform
Shocking new figures from a leading advice charity reveal 112 out of 150 complaints made last year were about underage vape sales. Scots children as young as 11 are being sold vapes while in their school uniform, a probe by a consumer watchdog has found. Shocking new figures released by a leading advice charity revealed a staggering 112 out of 150 complaints made last year were about underage vape sales, with some rogue traders repeatedly being caught red-handed. From June 1 it will be illegal for businesses to sell or supply single-use or 'disposable' vapes. But Advice Direct Scotland warned there may be a struggle to uphold the ban if enforcement can't stop shops from flogging vapes to kids. Senior project lead Hazel Knowles said: 'Over the past year, we've received a significant number of complaints about underage vape sales including reports involving children as young as 11. 'In some cases, these sales were made to children in school uniforms, and some traders were reported multiple times. 'This highlights ongoing challenges with enforcement that need to be addressed. If enforcement mechanisms are already under pressure, there is a risk that they may struggle to keep pace with the demands of new regulations. 'This could be an issue with the new legislation. 'The upcoming legislation on single-use vapes is a welcome step towards protecting both public health and the environment. 'However, its success will depend heavily on how effectively it can be enforced.' Shopkeepers who flout rules on vape can be fined or banned from selling following trading standards investigations by local authorities. In 2023, an investigation found that one in five shops were willing to sell vapes to under 18s. Local authority Trading Standards carried out test purchase operations with volunteers under the legal age and found that 63 of the 312 premises tested across Scotland sold vapes to an underage volunteer. In May last year, Adnan Abbas, was banned by Inverness Sheriff Court from selling vapes for 15 months through two of his retail shops, following an investigation by a team at Highland Council. In December 2023, Awder Far, Director of Seven Days Peterhead Ltd, was fined £400 after being caught selling a vape to an underage test purchase volunteer during a compliance check operated by Aberdeenshire Council Trading Standards. A well as being harmful to young people, single-use vapes - also known as disposable vapes - pose a growing environmental and safety challenge. The products, which are typically used once and then thrown away, often end up as litter on our streets or in general waste bins. They can leak harmful chemicals into the environment, polluting soil, rivers, and streams and threaten local wildlife as well as posing a fire risk. Even when they're binned, they often go to landfill or are incinerated - wasting valuable materials like lithium and plastic that could otherwise be recovered and reused. A ban on the sale and supply of single-use vapes is due to come into force in England, Scotland, Wales and Northern Ireland - marking a major step towards reducing environmental harm and promoting safer, more sustainable alternatives. Knowles, of Advice Direct, added: 'It's important that we learn from current gaps in oversight and ensure that the necessary resources, training and support are in place to make the new rules work in practice. 'This is about making sure that well-intentioned legislation is matched by practical, on-the-ground capability. 'We want to see a system that not only sets clear rules but also has the tools to uphold them consistently and fairly. 'The goal is to protect young people and reduce environmental harm and that's something we all support. 'But to achieve it, enforcement must be part of the conversation from the start.' Advice Direct offer free, impartial advice by calling 0808 164 6000 or using web chat and email at Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'.
Press and Journal
16-05-2025
- Press and Journal
Dangerous driver sped away from police - then reported car stolen
A dangerous driver sped away from police in Inverness, then reported his vehicle stolen. James Milne drove the wrong way down a one-way street, ignored police blue lights and ran a red light before officers stood down. He reported the car he had been driving stolen, but later admitted to police he had been driving. Milne, 23, appeared at Inverness Sheriff Court to admit a single charge of dangerous driving in relation to the incident on March 14 last year. Fiscal depute Sophie Marshall told Sheriff Sarah Matheson it was around 12.35pm on that day that officers carrying out routine mobile patrol spotted Milne's Mazda 6 travelling at 'excessive speed' on the built-up Dunabban Street, in Inverness. The police vehicle came behind Milne's car which turned left onto Telford Road, before going the wrong way down the one-way street. Ms Marshall said: 'They activated blue lights and indicated for the vehicle to stop.' She told the court that Milne's car then 'continued at speed', making several overtakes and running a red light. A pursuit was not authorised, and the police stood down, but the car was later traced at an address in Skinner Court and seized. Milne was identified as the registered keeper, and the court heard he had contacted police to report the vehicle stolen. Milne later identified himself as the driver. Solicitor Marc Dickson told the court that Milne had recently bought the vehicle but did not have the correct paperwork in place at the time of the incident. He said: 'For reasons he now cannot explain, he panicked. 'Within a short period of time he promptly reflected on just how stupid he had been and gave an honest account.' Sheriff Matheson banned Milne, of Kessock Road, Inverness, from the roads for 16 months – after which he will need to sit and pass the extended test to drive. The sheriff also fined him £380.
