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Man who spat on officer warned he could face jail for ‘filthy’ behaviour

Andrew Burgess had been arrested after sticking his middle finger up at police on patrol in Inverness city centre.

The case called at Inverness Sheriff Court. Image: DC Thomson
The case called at Inverness Sheriff Court. Image: DC Thomson

A man who stuck his middle finger up at police and then spat on an officer has been told his behaviour was “filthy”.

Andrew Burgess, 29, was drunk when he began to abuse police on patrol in Inverness before spitting on an officer’s cap and later attempting to headbutt him.

Sheriff Eilidh MacDonald branded his behaviour “filthy” and warned him “you could face a prison sentence”.

Burgess appeared at Inverness Sheriff Court for sentencing having previously admitted two charges of assault relating to the incident on February 2 of last year.

Rude gesture aimed at officers

Fiscal depute Susan Love said officers were on patrol in Inverness at around 11.45pm when Burgess walked past them displaying his middle finger.

Burgess was warned about his behaviour, however, despite being given repeated chances to stop, he continued.

“Whilst being arrested he had spat at a constable, striking the top of his police cap,” Ms Love said.

Burgess was then taken to the custody suite at Burnett Road Police Station, but as he was being escorted to his cell he launched another attack on the officer.

“He has attempted to headbutt the constable by lunging towards him. He has continued in a verbally abusive manner and made threats of violence towards the officer,” the fiscal depute said.

‘He had too much to drink’

Solicitor Marc Dickson for Burgess said his client, who has little memory of the incident, was under the influence of alcohol at the time.

“He had too much to drink,” he said.

“He bitterly regrets the decision to take alcohol to excess and was quite horrified when he woke up in custody.

“He has asked me to take this very public opportunity to apologise – he bears no ill will towards police officers generally.”

Sheriff Eilidh MacDonald told Burgess: “It is filthy behaviour on your part.”

“Given what we know about the Covid pandemic and in these circumstances, this is why it is treated so seriously and why you could face a prison sentence.”

She placed Burgess, of Moss Road, Ullapool, on a structured deferred sentence for four months and ordered him to complete an alcohol awareness programme.

“I will then consider imposing a period of unpaid work as a punishment for your filthy actions,” she added.