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View Full Version : Cases from the first sheriff court session of the New Year



Nwicker60
04-Jan-12, 16:30
Wick man’s drugs hoard was for bodybuilding not dealing

A WICK man’s stash of drugs was not for dealing, a sheriff heard today.
Offshore worker, Kevin Stewart (33) used them to fuel his “obsession” with bodybuilding, but the drugs – normally used to criminally enhance performance in sport – were illegal.
Stewart was charged, following a police search of his home at Leandubh, Newton Hill, on June 7, and was fined £500 at Wick Sheriff Court. He admitted, on indictment, having been in possession of large quantities of Class C drugs, testosterone, nandrolone and clenbuterol.
The court heard that the police recovered 470 grammes of testosterone in powder form and six mls in liquid form, 12 mls of liquid nandrolone and 173 mgs in powder form and just over 11,000 clenbuterol tablets.
Senior fiscal depute, David Barclay, said that Stewart’s partner told officers that the drugs belonged to the accused who used them for his bodybuilding and weightlifting hobby.
Mr Barclay said that because of the unusual nature of the drugs, it was not possible to put a value on them. The accused had purchased them from a China source, on the internet, the deal being in bulk only.
He continued: “These are recreational drugs and are not of the type that drug addicts seek to purchase, use or abuse. They, or a combination of them, would be, commonly misused by people involved in certain bodybuilding or weightlifting by those obsessive or enthusiastic about these sports, to enhance performance rather than the typical misuse see in court.”
Mr Barclay said that the case had been prosecuted on indictment to reflect the large quantities involved.
Solicitor John McRitchie, for Stewart, stressed he had not used the drugs for competitions...they were purely for his obsession. The accused had taken them in very small quantities per day and would have taken a significant period to use all the drugs up.
Mr McRitchie added: “There is no market for these to be used illicitly, or abused by anyone other than Stewart, for his fixation. I think he has learned his lesson.”
Replying to Sheriff Andrew Berry, the solicitor said the accused’s pancreas had, at one point, shown signs of damage. Stewart, however, had stopped taking the drugs and was pursuing his hobby by natural methods and exercise.
Passing sentence, Sheriff Berry said that he could deal with the case by way of a fine, despite the fact that indictable offences usually resulted in substantial prison sentences.

Keiss man’s car remains impounded pending sentence.

A SOLICITOR has claimed that to forfeit a three-times-plus drinks-driver’s car would be disproportionate to the offence.
The solicitor, Neil Wilson was speaking after the court heard that Ian Campbell’s breath-alcohol level was 117 micrograms. The limit is 35 mgs.
Senior fiscal depute, Mr Barclay has moved for forfeiture of Stewart’s car reckoned to be worth £22,000. New powers introduced for the crackdown on drinks drivers over the festive season, pave the way for offenders, with three times the limit, to lose their vehicles.
Ian Campbell was breathalysed at his home, following a minor accident at the roundabout at the south end of Bridge Street, Wick, on December 29, when he collided with a car. Campbell, of Greenbraes, South Street, Keiss, was said to have failed to give adequate consideration to another driver.
The accused admitted driving carelessly and with excess alcohol. Pleas of not guilty to failing to stop and report the accident were accepted by the fiscal.
Mr Wilson maintained that there was sufficient legislation at the sheriff’s disposal, to allow for a substantial punishment without taking his client's car away from him.
Sheriff Berry, who commented on Campbell’s “extremely high reading”, continued the case until January 30 for reports.
Campbell is subject to an interim disqualification. His car remains impounded, pending sentence.