Snoring drug dealer brings trial to a halt

Lawyer claims heroin addict David Forkgen, 37, was not under the influence and was just feeling ‘tired’

A drug dealer whose loud snoring in court saw him sent to the cells has been given plenty of time for 40 winks in jail.

Heroin addict David Forkgen, 37, fell asleep as his solicitor told a judge he was doing well on a drugs testing order.

For around 15 minutes solicitor James Moncrieff and Sheriff Charles Macnair debated legal issues, apparently totally unaware that Forkgen was snoozing in the dock.

Forkgen was slumped to the side, with a police officer twice trying to rouse him.

When he tilted his head back and began snoring loudly Sheriff Macnair called time and ordered Forkgen be detained overnight and brought back the next day.

He told Mr Moncrieff: “Your client seems to be really excited by what is happening here.”

The addict later claimed he was not under the influence of drugs and was simply feeling tired.

He was sentenced to 160 days in prison and banned from driving for 16 months.

Forkgen, of Robertson Road, Dunfermline, admitted that on July 15 at Queensferry Road, Rosyth, and at Dunfermline Police Station he was concerned in the supply of diamorphine.

He also admitted driving a car while unfit to drive through drink or drugs on Queensferry Road.

Depute fiscal Claire Kennedy said Forkgen had been spotted apparently speeding by a police patrol shortly after midnight.

He was stopped by officers and Ms Kennedy said: “They formed the opinion he’d taken drugs as his speech was slow and slurred. He was almost falling asleep as they spoke to him.”

At Dunfermline Police Station police searched him and found 23.6 grams of heroin.

Mr Moncrieff said Forkgen was supplying heroin to fund his own habit.

He said his client’s life had been “extremely chaotic”. He had been placed on a drug treatment and testing order which was revoked and he was then put on a new order.

Before he was interrupted by the snoring, Mr Moncrieff said the order was not a complete success at first but Forkgen had since made good progress.

On Forkgen’s return to court, he said: “His position is he’s not under the influence of any substances and that he’s just tired. I can understand there will be some scepticism about that.”