Sep 7 2012 by Colin Rutherford, Kilmarnock Standard
AN assault victim found himself behind bars this week following a confrontation with police.
Twenty one-year-old Paul Cassidy, of Western Road, Kilmarnock, was jailed for 13 months after pleading guilty to breach of the peace and offensive weapon charges.
Kim Philp, prosecuting, said that police, responding to a report of an incident in Thomson Street, Kilmarnock, were driving along nearby Campbeltown Drive when they spotted Cassidy and another man.
“Having seen the police, the accused threw a baton to the ground and continued to walk on.”
Cassidy, she said, had visible injuries to his body and arms.
But, when officers questioned him, he walked away, “refusing to comply”.
Cassidy was arrested, handcuffed and placed in a police van.
While he was in the vehicle a man, believed to be his father, arrived on the scene.
Cassidy began shouting and swearing, calling on his father to “Punch him, f***ing punch her”.
Because of his injuries, police took Cassidy to Crosshouse Hospital.
En route, he constantly banged his head of the cage inside the vehicle.
Ms Philp said: “He was continually making threats. He was going to stab and kill a police officer when he was released from custody.”
At the hospital, Cassidy refused to be examined and was released into police custody.
Defending, Sandy Currie said that his client had been the victim of an assault shortly before police came on the scene.
“He was attacked by a number of people,” said Mr Currie. “One of them had the baton described.”
Other weapons were involved.
As Cassidy made his escape the baton was thrown at him and he picked it up and kept running.
This incident took place only 100 yards from and five minutes before the police came upon Cassidy.
Mr Currie said: “The police were intent on finding out what had happened, not knowing, at that time, that he may well have been a victim in the original incident.
“They had legitimate call to detain him. He didn’t see it that way.”
Cassidy, he said, had cuts and abrasions all over his body.
Said the solicitor: “Had he been able to communicate properly with the police, they would quite likely have been able to treat him as a victim.”
Cassidy’s injuries had never been treated. By the time he got to the hospital he was angry at “what he saw as the wrong person being arrested”.
Mr Currie said: “Drink has been a too important part of his life in the past.”
He told Sheriff Brian Murphy: “He behaves as your lordship has heard when too much drink has been taken.”