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Nwicker60
08-Feb-13, 09:08
Accused is remanded after he admits culpable or reckless conduct - his third such conviction

A COURT heard of the night a Wick teenager woke to find his top floor flat on fire.
Andrew Harper, had “dozed off” in his front room .....after turning on his cooker to cook himself a meal.
When he came to, the room was full of smoke and he discovered the kitchen was on fire, Wick Sheriff Court was told yesterday, when the 19-year-old appeared from custody.
He admitted, on indictment, having culpably or recklessly set fire to his home, at 33 Girnigoe Street, Wick, on November 14.
Harper, who has previous convictions for culpable or reckless conduct, got out of the flat, and alerted a passer-by to dial 999. Emergency services converged on the scene and the fire was extinguished.
Outlining the drama, David Barclay, prosecuting, said that Harper was taken to hospital but was not detained. In an interview with police the accused explained that had happened.
The fire, in Harper’s flat – one of four homes in a council block - had not spread, as the kitchen door was of a design which meant it closed automatically, and fortunately contained the fire. Damage was confined to the kitchen and smoke damage throughout the flat. The cost has yet to be calculated.
Mr Barclay said: “A pane in the kitchen window had broken, due to the heat of the fire. It was confirmed that one of the rings on the cooker hob had been on. There was a divan or mattress near the cooker and it was concluded that this was where the fire had started.”
The senior fiscal depute stressed that the fire was caused by culpable or reckless conduct as opposed to deliberate fire-raising.
However, Mr Barclay, pointed out to Sheriff Andrew Berry, that two offences committed by Harper in 2011 had been culpable or reckless conduct, which had attracted community service orders.
Mr Barclay continued: “The accused does not mean to do these things, but, perhaps, taken in conjunction with a psychiatric report, there may be issues in his life which cause such difficulties. Clearly, there is a public interest to be looked at, in terms of any repeat of such culpable or reckless behaviour, which might have serious consequences.”
Harper’s solicitor, George Mathers said that on one view, the fire had been “completely accidental” and stressed: “The accused’s position is that there was no question of him deliberating doing what he did.”
Describing Harper's difficult early life, Mr Mathers said that at the time of the latest incident, and in the years previous, there had been an over-indulgence in alcohol and a selection of drugs.
In fact, a previous background report had stated that Harper had been taking drugs since the age of 11, because of “a very turbulent”period, having been put into care at the age of nine and moved around in five different local authority homes.
Mr Mathers: “Perhaps, it's no wonder he gets himself into trouble”
The solicitor added that once Harper served the inevitable custodial sentence, his mother – she was in court along with the accused’s brother- was prepared to take him in, on specific ground rules, as “he is not capable of independent living.”
Sentence was deferred until February 22 pending a new social inquiry report. Harper was remanded.