Sheriff throws out Angus man’s plea against wearing tag

Accused claimed he was unsuitable for device due to ankle swelling in winter

An Angus man’s claim that he was unsuitable for an electronic tag during the winter as his ankle swells up has been rejected.

Michael Fegan, 47, of Newmonthill, Forfar, was back in the dock at Forfar Sheriff Court for sentencing four days after a previous court appearance in which he claimed he would be unable to wear a monitoring device.

Sheriff Gregor Murray told the accused he had an “interesting demonstration” of electronic tagging by G4S earlier this year and there was “no reason” he could not comply.

Sheriff Murray criticised Fegan’s attitude towards the case, having previously told another sheriff he would not make it to court yesterday as he would be in England for the anniversary of a family member’s death.

Sheriff Murray told him: “Given your conduct, previous convictions and your financial circumstances, there are two obvious sentences: a community payback order – but you can’t do that – or a Restriction of Liberty Order (RLO).

“What is more miraculous is you wanted the case called today as you are going to England for several weeks.”

The court was being asked to consider delaying fitting an electronic tag after a social inquiry report flagged up a potential difficulty with putting Fegan on a RLO.

The electronic bracelet, which tracks whether a criminal is complying with a curfew, was one of the sentencing options being considered for Fegan after he admitted a summer breach of the peace in the street near his home.

He previously pled guilty just before a scheduled trial to acting in a threatening or abusive manner at Newmonthill, Forfar, on June 27, shouting and swearing, threatening others with violence and referring to two women in derogatory terms.

A criminal justice report has been prepared in the case, but it is understood to have flagged up the potential medical obstacle to the imposition of an RLO, with the possibility it may have to be delayed for months until Fegan’s ankle is less prone to swelling.

Defence agent Nick Whelan told the court Fegan’s wife had two jobs, from 6.30-9am and 3.30-8 or 9 pm.

After considering Fegan’s medical report, Sheriff Murray sentenced him to a restriction of liberty order for four months between the hours of 9pm and 6.30am.

What is more miraculous is you wanted the case called today as you are going to England for several weeks