Pete Bevington

11 February, 2010

A MAN charged with possessing heroin while driving his car through Lerwick last year had his case thrown out of court after the arresting policeman’s evidence was dismissed.

PC Andrew Card told Lerwick Sheriff Court on Thursday that he had stopped a silver Peugeot on Lochside driven by 43 year old James Alexander Gray, of 32 Ladies Drive, Lerwick, on the afternoon of 5 October under the Road Traffic Act.

The 33 year old policeman said he knew Mr Gray was involved in the local drugs scene, but said the reason for stopping him was that he did not believe he was the holder of a full licence.

Giving evidence he said it was only after he had halted the car outside the Clickimin Leisure Complex that he noticed Mr Gray’s “nervousness” and detained him under the Misuse of Drugs Act.

However in his statement after the incident PC Card had stated that he had stopped him due to “confidential information having been received of Mr Gray being heavily involved in the Shetland drugs scene”, with no mention of traffic offences.

Under cross examination PC Card insisted his version of events in court was accurate, but he could not explain the lack of any mention about road traffic regulations in his statement.

He also admitted that the intelligence he had received about Mr Gray’s involvement in the drugs scene was a result of a “casual conversation” in Lerwick police station.

Defence agent Iain McGregor said that his witness statement sounded like a more accurate version of what had actually happened. When he suggested the policeman was now presenting “a completely different version of events”, PC Card admitted: “There is a vast difference, yes.”

Sheriff Graeme Napier said he was concerned there was no mention in his statement about asking to see Mr Gray’s driving documents and he immediately used “the tremor in his hands” to detain him.

At that point procurator fiscal Duncan Mackenzie said he did not want to pursue the case any further and the accused walked free.