Cleared stripogram charged again
http://news.bbc.co.uk/go/newsFeedXML/moreover/-/1/ [2008-7-10]
Tag : camouflage jacket
A police stripogram cleared of charges faces court again afterbeing arrested while dressed in soldier-style camouflage, BBCScotland can reveal.
Stuart Kennedy was earlier cleared by a sheriff of having anoffensive weapon in a public place, and appeal judges later backedthe decision.
He said he was arrested again in Aberdeen's Belmont Street at theweekend before he was due to perform.
Mr Kennedy - known as Sgt Eros - now faces a breach of the peacecharge.
He said he was wearing camouflage gear, a flak jacket and beretwhen detained at the weekend.
The Crown had earlier appealed against Mr Kennedy originally beingcleared, but judges at the Justiciary Appeal Court in Edinburghbacked the sheriff, saying the police stripogram's truncheon wasnot an offensive weapon.
The Crown then decided that another trial would not proceed.
Mr Kennedy was originally questioned and later charged by GrampianPolice after performing at a bar in Aberdeen last year.
Mr Kennedy went on trial at Aberdeen Sheriff Court accused ofcarrying two batons and a spray without lawful authority.
However, Sheriff Kenneth Stewart said: "There is no evidence at allwhich even hints at the suggestion that he had any intention ofcausing harm or injury to other persons."
The Crown Office then announced an appeal against the ruling thatMr Kennedy's stripogram work did amount to a reasonable excuse.
Advocate depute Brian McConnachie QC, for the Crown, had arguedthat if Sheriff Stewart's ruling went unchallenged it could createa legal loophole for carrying weapons.
A police spokesperson said: "Grampian Police can confirm that a25-year-old man was reported to the procurator fiscal in connectionwith an alleged breach of the peace on Aberdeen's Belmont Street inthe early hours of May 18."
A police stripogram cleared of charges faces court again afterbeing arrested while dressed in soldier-style camouflage, BBCScotland can reveal.
Stuart Kennedy was earlier cleared by a sheriff of having anoffensive weapon in a public place, and appeal judges later backedthe decision.
He said he was arrested again in Aberdeen's Belmont Street at theweekend before he was due to perform.
Mr Kennedy - known as Sgt Eros - now faces a breach of the peacecharge.
He said he was wearing camouflage gear, a flak jacket and beretwhen detained at the weekend.
The Crown had earlier appealed against Mr Kennedy originally beingcleared, but judges at the Justiciary Appeal Court in Edinburghbacked the sheriff, saying the police stripogram's truncheon wasnot an offensive weapon.
The Crown then decided that another trial would not proceed.
Mr Kennedy was originally questioned and later charged by GrampianPolice after performing at a bar in Aberdeen last year.
Mr Kennedy went on trial at Aberdeen Sheriff Court accused ofcarrying two batons and a spray without lawful authority.
However, Sheriff Kenneth Stewart said: "There is no evidence at allwhich even hints at the suggestion that he had any intention ofcausing harm or injury to other persons."
The Crown Office then announced an appeal against the ruling thatMr Kennedy's stripogram work did amount to a reasonable excuse.
Advocate depute Brian McConnachie QC, for the Crown, had arguedthat if Sheriff Stewart's ruling went unchallenged it could createa legal loophole for carrying weapons.
A police spokesperson said: "Grampian Police can confirm that a25-year-old man was reported to the procurator fiscal in connectionwith an alleged breach of the peace on Aberdeen's Belmont Street inthe early hours of May 18."
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