A security camera fitter found wearing pepper spray in a holster has claimed he thought he’d bought a can of something entirely different.
Shane Stephen was found in possession of the illegal noxious gas as well as a knife when he was pulled over by police at the Asda superstore in Garthdee Road, Aberdeen.
His solicitor told Aberdeen Sheriff Court Stephen had bought the canister but instead thought he’d purchased something entirely different.
Fiscal depute Brian Young told Aberdeen Sheriff Court how police officers pulled over Stephen’s car at 12.35am on January 1, 2019.
Had pepper spray in a holster
“They had cause to stop the vehicle that the accused was driving,” he said. “He stopped it of his own accord.
“On stopping, police approached him and a search revealed a yellow and black canister marked ‘pepper spray’ held in a holster on the accused’s right hip.
“The canister was later forensically analysed and found to be a metal aerosol canister in a black plastic shroud and found to be in working order.
“The can contained the irritant agent nonivamide…a noxious substance.”
A yellow Stanley knife was also found in the handwell of the van.
The 25-year-old admitted a being in possession of a prohibited weapon and a bladed article.
Denied road traffic offences
Stephen, a regular contributor to the driver-shaming website Scotland’s Worst Drivers, also pleaded not guilty to driving without a licence and without insurance.
These pleas were accepted by the Crown.
His defence agent Neil McRobert said Stephen’s previous convictions mainly comprised road traffic matters.
“With regards to the knife, he had this in his possession for us in the employment he had at the time which was installing security cameras,” the solicitor said.
“He used it for cutting wires.”
‘He is remorseful’
“He purchased the spray which he had in his possession because he believed he was purchasing something else but as a matter of fact, it was a pepper spray.
“He is remorseful of his conduct and has followed that through with his guilty plea.”
Sheriff Morag McLaughlin handed him a community payback order comprising 225 hours of unpaid work and supervision for 12 months.
Stephen released a statement following the case, saying: “I admit to carrying pepper spray on my person at Asda Garthdee a few years back.
“I did not realise it was actually pepper spray as when I purchased this from Amazon it was named a Feffer Farb criminal identifier spray.
“It wasn’t purchased to cause harm to any human whatsoever. The purpose of this would have been to deter animals from attacking me on installation jobs as I was regularly attacked by gulls on roofs and a few weeks prior to this spray being bought a dog also attacked me.
“I understand how serious this is and I cannot forgive myself for not realising at the time. I guess I just overtrusted the internet thinking something was legal when in fact it wasn’t.
“In regards to the knife on my possession, this wasn’t on my possession it was in the car located with other tools inside the door well.
“The purpose of the Stanley blade was to slice wires, open boxes and packages.
“The vehicle was a works vehicle and there were tools everywhere – it just happened to be the knife wasn’t appropriately stored in a safe manner, which I regret now.
“I am very thankful of the light sentence the sheriff gave me and I will fully comply with the hours given in a timely manner.”
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