A sheriff has slammed the “regrettable culture” within the police after finding a serving officer guilty of assaulting a colleague while on duty.
Glen Chalmers, who was a court police officer based at Aberdeen Sheriff Court at the time, slapped a colleague across the head “as part of a joke”.
It also emerged during the trial that Chalmers, 47, made a sexist comment to a male colleague about a female sergeant, asking: “Where’s your lapdog?”
In finding Chalmers guilty, Sheriff David Harvie said that the assault, along with the comment, was “indicative of a regrettable culture” and was “cause for concern”.
Chalmers’ victim, Ben Noble, was, at the time, working as a police custody and security officer (PCSO) based at Aberdeen Sheriff Court.
Taking to the witness stand, Mr Noble told fiscal depute Emma Petersen he’d been at a computer in an admin office on August 13 2021 when the Chalmers walked in around 11am.
He told the court 30 seconds after Chalmers entered, he felt what he “perceived to be a slap around the side of the head”.
Describing his reaction, Mr Noble said: “I remember being quite alarmed by what happened.
“I think my words were ‘you can f*** off with that’ or something like that.”
Asked about Chalmers’ reaction, Mr Noble said: “I don’t remember him saying anything at all. He left the room fairly quickly after that.”
‘I just didn’t know what to do’
Ms Petersen asked if Chalmers might have simply tripped into Mr Noble.
He replied: “No. If he had taken a fall he would have gone ploughing into me and I would have probably fallen off my chair. There were no tripping hazards.”
Asked why he hadn’t reported the incident until later that day after speaking to colleagues, Mr Noble explained: “I just didn’t know what to do.
“It’s very different when it’s a member of the public but when it’s somebody who you work with, who is a police constable, it’s a fairly different and unique situation.”
Mr Noble explained things “weren’t brilliant” between him and Chalmers.
Cross-examining the witness, defence agent John McLeod put it to him that Chalmers had accidentally caught with a clipboard before immediately putting his hands on his shoulders and apologising.
Mr Noble said: “There was no apology at all.
“If I’d heard an apology that would have been the end of it. I’d have accepted it was an accident but there was no apology.”
Pc Iain McCallum, who was also in the small admin office when the incident happened, was next to give evidence.
Witness initially thought assault was ‘banter’
He told the court that when Chalmers entered he “made a funny comment”, asking “where’s your lapdog?” in reference to a female sergeant.
Pc McCallum, describing the assault, said: “He then took a step forward and with his right hand, open palm, hit Ben Noble to the right side of the head.”
He went on: “I initially thought it was banter but, by Ben’s reaction, he didn’t take it as that.”
Pc McCallum described Mr Noble reacting “badly” to being hit and saying something similar to “f****** pack it in”.
He said Chalmers then started “massaging” Mr Noble’s neck in a bid to “diffuse” the situation.
Taking to the witness stand himself, Chalmers told the court striking Mr Noble had been “a complete accident”.
He explained he hadn’t noticed Mr Noble was in the room initially and went to put a clipboard down at the desk where he was.
Chalmers claimed that when he noticed Mr Noble he tried to stop and lift the clipboard away and, in doing so, inadvertently hit his colleague with it and part of his hand.
He said: “I put my hands on his shoulders and was trying to say sorry to him and calm him down.
“That was pretty much it. I let him vent.”
‘It’s a culture which is completely unacceptable in a workplace’
Ms Petersen then put it to Chalmers that it had been meant as a “slap in jest”, which he did not agree with.
In her closing speech to the sheriff, Ms Petersen described the assault as “an ill-judged move and gratuitous violence in the workplace”.
Sheriff Harvie said: “In all the circumstances, I don’t have a reasonable doubt that you struck Ben Noble on the head with your hand that day and, therefore, I find you guilty of the offence as libelled.”
Chalmers stared straight ahead and did not react as the sheriff delivered the verdict.
Mr McLeod said his client had no previous convictions, and that the matter had been hanging over him “for some considerable time”.
He said Chalmers was still employed by the police as it stood, but that there would now be a further investigation.
Sheriff Harvie said: “It’s not a defence to plead that you’re acting in fun.
“The Crown position is that this was part of a joke.
“I think that’s indicative of a regrettable culture, it would appear.”
The sheriff said it was “entirely inappropriate to behave in that way in the workplace”.
He added: “That, together with the evidence about the comment, gives cause for concern in relation to the culture or one individual’s contribution to that culture.”
‘The law of the land applies to everyone — police officers included’
Addressing Chalmers directly, he said: “I don’t accept your version of events. I do accept the position put forward by Mr McCallum as to the prevailing circumstances and impression he had about the incident.
“That’s not to say that I don’t take a dim view of such behaviour.
“It’s a culture which is completely unacceptable in a workplace, never mind a workplace where those involved are the very ones we trust with enforcement of the law.”
He fined Chalmers, whose address was given in court papers simply as Police Scotland, Inverurie, £420.
No one should have to put up with bullying behaviour.”
Following the conclusion of the case, a Police Scotland spokeswoman said: “We are aware of the outcome and the circumstances will now be considered by our Professional Standards Department for further action.”
Mr Noble, who has since moved away from Aberdeen and no longer works with the police, said: “The law of the land applies to everyone -police officers included.
“No one should have to put up with bullying behaviour.
“The police officer in question should’ve known better, and I’m glad the sheriff saw through his defence.
“I’m sorry it has come to this, but his behaviour has fallen very short of what is expected of him.
“I am very thankful for the support of my sergeant and inspector at the time, and that of my colleagues.”
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