Evening Telegraph

Dundee cop on trial accused of assaulting suspect

Ward Road (stock image)

A police officer has gone on trial accused of assaulting a man while he was being arrested in Dundee.

Stephen Bayley, 29, of Leyshade Court, denies that on October 12 2016, at Ward Road, he assaulted James Smith by punching him on the body.

The court heard that Mr Smith was being arrested for a public order offence at the time the alleged assault took place, and was being given a fixed penalty notice fine – known as a “ticket” – with Bayley one of the constables involved.

Giving evidence at Dundee Sheriff Court, Sergeant Jamie Webster, 35, who was involved in Bayley’s training, said he was aware that there was an allegation against the constable, but this was something police officers could expect in their line of work.

Sgt Webster said Bayley had provided him with an explanation, although this was during normal conversation and not as a part of any official inquiry.

Sgt Webster said: “He said it was a strike with a closed fist against his back, in response to the male kicking out at him.”

He was asked if that would be an appropriate way to create space between an officer and someone being arrested, if they had been kicked out at.

He replied: “It is a technique you could use to do that.

“There are times when one option is more obvious to an officer than another.

“That final action is the officer’s to justify.”

The court was also shown CCTV footage of the incident, in which it was apparent Mr Smith had swung his leg out, as Bayley tried to apply handcuffs on him from behind, while Mr Smith was restrained by two officers.

It is alleged Bayley reacted by using a clenched fist and punching him on the body.

Bayley denies the charge. Sheriff John Rafferty continued the trial, part heard, until September 18.