Last
updated: 13/05/08
‘Cops’
weapon not offensive
A
student stripogram has escaped being banged-up after judges ruled his
weapon is not offensive.
In May last year The National Student reported on Stuart Kennedy’s
run-in with police. Known as Sergeant Eros, the dirty dancer’s
policeman act attracted the attention of Grampian Police in Aberdeen
who charged him with impersonating a police officer and carrying an
offensive weapon.
But a sheriff seems to have no problem with Eros’ truncheon as
the charges of carrying an offensive weapon in a public place without
a reasonable excuse were recently thrown out.
The Crown appealed, but judges at the Justiciary Appeal Court in Edinburgh
backed the sheriff in a move that Kennedy described as ‘excellent’.
On hearing the news Kennedy said, “It was a silly prosecution
in the first place. The points the prosecution were making were silly.
It’s a work uniform.”
“I am glad that’s the end of this case, it was wasting court
time let alone appeal time, the money could be spent in better ways.
I still cannot believe it ever got to this stage,” he added.
Eros was questioned and later charged by Grampian Police after a performance
at a bar last year. The charge of impersonating a police officer was
later dropped by prosecutors.
Sheriff Kenneth Stewart said: “There is no evidence at all which
even hints at the suggestion that he had any intention of causing harm
or injury to other persons.”
Advocate depute Brian McConnachie QC, for the Crown, had argued that
if Sheriff Stewart’s ruling went unchallenged it could create
a legal loophole for carrying weapons.
McConnachie said that criminals should not be allowed to flout the offensive
weapon law by claiming they were on the way to a fancy dress party,
and that there was an ‘important principle’ at stake.
“We could have ninjas carrying nunchaku sticks or going as a ned
carrying a flick knife,” he said.
Neither Kennedy or his legal representatives were present at the hearing,
and immediately appealed that they were not informed of the hearing
and given the opportunity to express their opinions. A new date was
to be set for the hearing but judge Lord Johnston said there was no
need as Kennedy had already won the case.