Man cleared of assaulting teenage boy on Perth street

A man who chased two teenagers he believed had been stealing from his shed before pinning one to the ground as he called the police has been cleared of assault following trial.

Pawel Ustianowski always denied attacking the 13-year-old, who cannot be named for legal reasons, on Dunkeld Road on October 12 last year.

It was alleged that the 32-year-old had grabbed the teenager by his clothing, pinned him to a fence, threw him to the ground and repeatedly kneed him in the back, all to his injury.

However following a trial at Perth Sheriff Court, a sheriff ruled that his injuries were “of his own making” by struggling against Ustianowski.

The court heard that Ustianowski had been home alone with his son on the day in question, but shortly after his wife returned from a shopping trip he heard a loud noise and found two boys to the rear of his property in Inchaffray Street.

He said: “I went outside and found the door of the shed open. I asked my wife if she had opened the door and she said no.”

He said he had found his tool box open and when the boys had jumped down from the wall he heard a noise which he suspected was jangling spanners in a rucksack.

He gave chase but the boys escaped.

However just 30 minutes later he saw them again and was able to catch one of them.

Ustianowski said: “He had a hood and I caught him with it. He started calling for help and I dialled 999 for the police.

“I was sure that I was doing the right thing.”

Finding Ustianowski not guilty, Sheriff Wood said: “I’m not satisfied that the boys told the truth about the shed – your explanation has more of a ring of truth.

“I am persuaded by the fact that your first action on catching him was to call 999. Why would you do that if you were seeking to do them harm?”