A man who was caught with a police-style lock baton in Aberdeen city centre was carrying the weapon for protection after he was kidnapped and tortured, his lawyer has said.
Mariusz Kowalski was abducted by an organised crime gang that tormented him for four days.
The violent episode happened more than a decade ago in a case of mistaken identity, Aberdeen Sheriff Court was told.
A “frightened” Kowalski then fled to Poland, where he is from, but returned to the north-east in 2019.
The 33-year-old’s solicitor revealed that his client had carried the offensive and illegal weapon whenever he went out at night.
‘Out of breath, sweating, acting nervously’
Police stopped Kowalski at 3.25am on February 16 this year and found him with the baton – the same type carried by officers – during a search on Cattofield Terrace.
Fiscal depute Jane Spark told Aberdeen Sheriff Court: “He matched the description of the suspect they were looking for in an unrelated matter.
“On approach, he was out of breath, sweating and acting nervously. The friction lock baton was recovered in his possession.”
Kowalski’s defence agent Iain Hingston said there was an “unusual background” to the criminal offence.
He admitted that his client had carried the weapon on more occasions than the day for which he had been charged.
“In 2012 in Aberdeen, he was kidnapped by an organised crime gang”, the solicitor explained.
“He was kept prisoner for four days. He was tortured during that time and then released when the guy realised he was not the man they were looking for.
“CID investigated but unfortunately could not get anybody for it.
“However, the same gang kidnapped somebody in Tillydrone the following year and my client’s understanding is a number of individuals were jailed.”
‘His reasoning is understandable’
He added that a “frightened” Kowalski returned to Poland after the kidnapping but three years later came back to Aberdeen, where he lives with and provides for his father and works as a cleaner.
“He has been very candid with me and said on the rare occasion that he is out at night, he has carried this item,” Mr Hingston said.
“In fact, he has looked up the law in relation to it and hence his remark to me earlier that he was aware this day was probably coming.
“On the one hand, what I have said materially makes matters worse but on the other, it provides an explanation.
“Whilst the court cannot condone it, his reasoning is understandable.”
Kowalski pled guilty, at the first opportunity, to possession of an offensive weapon.
‘Serious matter’
Sheriff Graham Buchanan was given a demonstration of a lock baton and held a similar one belonging to the court police officer.
The sheriff told Kowalski that it was a “serious matter to be going about the streets with a weapon such as this.
“But, I take into account the fact you have no previous convictions to speak of and in light of all that has been said on your behalf, I am prepared on this occasion to deal with you by way of a financial penalty.”
He handed Kowalski, of Auchinleck Crescent in Aberdeen, a fine of £840.
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