A Peterhead SNP activist has been cleared of attacking a youth with a metal baton after the boy threw an egg at his young daughter.
David Birkett appeared at Peterhead Sheriff Court to stand trial on charges of assault and possession of an offensive weapon.
Birkett admitted the weapons charge and, after CCTV of the incident was viewed, the Crown accepted a not guilty plea to the assault.
Sheriff Craig Findlater told Birkett that his actions “made matters worse, not better”.
Group of youths
Birkett confronted the youths after learning that one of them had thrown an egg at his daughter earlier in the day on July 28 last year.
The 48-year-old drove to Gadle Braes in the town and got into a verbal altercation with the teens, during which he removed the metal baton from the boot of his car.
Birkett, of Windmill Street, Peterhead, has held the position of the SNP’s convenor for the Peterhead branch.
Speaking on behalf of Birkett, his solicitor Stewart Flowerdew said his client’s daughter had been attacked earlier the same day in the park by the group of teens, highlighting one who had been named on the assault charge.
Sheriff Craig Findlater interjected to ask if the same named individual was the same as the one “known to the court”?
Youth a ‘known nuisance’ around Peterhead
Mr Flowerdew said it was and added: “He was not known to Mr Birkett, but he is known around the town for being a nuisance.
“Mr Birkett’s daughter had been struck on the head with an egg.
“Having been at home when he was told about this by her, he had gone out to find her.
“He was being protective of his daughter and acted as any father would in those circumstances.”
Fine for baton charge
Sheriff Findlater asked why Birkett had waited until the trial date to change his plea.
Mr Flowerdew explained that the matter had been resolved after CCTV footage of the incident had been recently viewed.
Sheriff Findlater said the sentence he had to impose would need to reflect the “seriousness” of the offence and Birkett’s lack of a previous record.
“In the circumstances, I can understand what you have done,” he told Birkett.
“But what you have done makes matters worse, not better.
“The use of an offensive weapon is never acceptable.”
He fined Birkett £290 ordering him to pay it at £50 per month and asked for the forfeiture of the metal baton.
Birkett declined to comment about the case.