Case against drink driver not proven
THE CASE against a former undercover police operative, accused of being four times the drink drive limit, was not proven at a Campbeltown Sheriff Court trial.
Andrew Fruish, 46, from Glasgow, faced a charge that on Sunday April 23 this year he had been in charge of a car at Glengyle, Campbeltown, when he had 100mcg of alcohol in 100ml of breath, the limit is 22mcg.
He had previously pleaded guilty to two further charges on the same complaint, one of having a car in a defective state and the other of having no MOT.
Before the trial began on Wednesday morning, Sheriff Patrick Hughes made an order that Fruish, 46, should only have Glasgow published in any reports as his address.
The sheriff made the order following a motion from the defence. It stated that because of Fruish’s previous police work in Greater Manchester there may be a danger to his relatives if his full address was given.
Procurator fiscal depute Laura Mundell argued that in the interests of justice being seen to be done, Fruish’s full details should be published.
The Courier reporter also challenged the decision on the basis that Fruish is an unusual surname and identity by address would make it absolutely clear.
Greater Manchester Police was unable to confirm if Fruish had served in an undercover capacity.
A police witness told the court that a member of the public had complained, in the early hours of the morning, that extremely loud music was coming from a parked car.
When police investigated, they found Fruish in the car with his head on the wheel, the keys in the ignition and the engine running.
Fruish’s claim that he had no intention of driving the car that day or until 7.45am the next morning, when a toxicology report stated the alcohol would be out of his body, was accepted by the sheriff after the court heard from Fruish’s partner.
She said other officers had escorted them to an MOT station as the car needed work and they had parked up.
She added that Fruish had taken a drink from a bottle of vodka in the car once he realised their three-week road trip was finished.
In respect of charge two, Sheriff Hughes banned Fruish from the road for six months and fined him £150 with an additional fine of £50 for having no MOT.
Fruish also appeared for sentencing regarding an assault. On Tuesday May 2, Fruish ‘pushed’ a Tesco worker who refused to serve him with a bottle of vodka and a bottle of whisky.
Following his arrest for the assault, Fruish appeared from custody in handcuffs and pleaded guilty to the offence. Sheriff Ruth Anderson deferred sentence for a social work report but Fruish did not comply with her order.
On Wednesday, Sheriff Hughes further deferred that sentence, to November 16, for the report to be completed.
He warned Fruish, who has a history of violence, that if he did not comply he would face custody.
Andrew Fruish looks in a Campbeltown shop window after the trial.