A woman who sold a canister of police pepper spray to a friend after it came off a police officer’s tactical belt during an arrest has been handed unpaid work.
Lisa Laird, 32, and Robert Stewart, 37, appeared in the dock at Aberdeen Sheriff Court where they admitted failing to notify police about the errant can of PAVA spray.
Aberdeen Sheriff Court was told the noxious liquid – used to incapacitate offenders – had fallen off a police officer’s belt during an arrest of a male found hiding under a couch at an address Laird was present at.
She found the spray, but instead of immediately contacting the police, she took it to Stewart’s house, where she sold it to him.
When the police officer in question finally retrieved the canister, it was lighter than it had been when he’d been issued it at the start of his shift.
PAVA spray missing
Fiscal depute David Ballock told the court that at around 2am on December 30 last year, the officer in question attended at an address on Jasmine Terrace, Aberdeen, alongside two colleagues.
Two officers were already inside the property when they arrived, and Laird was seen calmly sitting on a sofa.
However, after a quick search of the property, a man was found hiding underneath the sofa who became aggressive when taken out and required to be restrained.
The male thrashed his body from side to side and was flailing his arms around, at one point making contact with the officer’s hip area.
Once under control, the male was removed from the property and taken to Kittybrewster Police Station, while Laird stayed behind at the property.
At around 2.40am, the officer noticed the holder containing his PAVA spray was missing along with the canister itself.
He and his colleagues searched the police vehicle they had used in the arrest before returning to Jasmine Terrace.
Canister was lighter
When they got there there, was no answer at the property, but all the lights were on and Laird’s dog could be heard barking inside.
“Authorisation was given to force entry to the address,” Mr Ballock said, adding: “Lisa Laird was not within and there was no trace of the PAVA spray.
The fiscal depute continued: “Shortly thereafter, Lisa Laird and another female returned to the address.
“They were both handcuffed and searched, however, there was no trace of the spray on their person.
“Lisa Laird disclosed that the PAVA spray was in the address and had been found by her dog – she knew it to be a police constable’s PAVA spray.
“She took it to School Road, Aberdeen, where they met Robert Stewart and gave it to him.
“She provided information in support of identifying Robert Stewart and the location of the PAVA spray.”
Stewart was traced by the officer at an address on School Road, Aberdeen, with two other people at around 5.20am where he disclosed that the spray was within a bag in a kitchen cupboard.
It was seized and the officer in question later identified it as his spray as it was emblazoned with his officer number.
Laird and Stewart were arrested and taken back to Kittybrewster Police Station.
When the PAVA spray canister was weighed, it weighed less than it had when it was issued earlier that day.
In the dock, Laird pleaded guilty to one charge of stealing a can of noxious liquid and a second charge of selling the spray.
Stewart admitted one charge of purchasing a noxious liquid.
‘Sheer stupidity’
Defence solicitor Paul Barnett told the court that it was another woman – mentioned as a co-accused – who sold the spray and that his client “went along with it”.
However, he added: “That was her decision made by her and she fully accepts that.”
Alex Burn, defence solicitor for Stewart, told the court that his client has “no knowledge” of what happened beforehand as he became involved “when the PAVA spray comes into the property”.
“He had been taking substances at the time and made the stupid decision to take the PAVA spray from these females.
“Mr Stewart takes full responsibility for having it in his possession – it was an act of sheer stupidity.”
Sheriff Christine McCrossan made Laird, of Jasmine Terrace, Aberdeen, subject to a community payback order with supervision for 18 months and ordered her to carry out 75 hours of unpaid work.
She also made Stewart, of Broomhill Court, Newmachar, subject to a community payback order with supervision for 18 months and ordered him to carry out 100 hours of unpaid work.
For all the latest court cases in Aberdeen as well as crime and breaking incidents, join our Facebook group.