MAn who AttACkED poliCE with sworD hAs AppEAl rEfusED

COURT: Perth man claimed armed assault on officers was self-defence

A man who attacked police with a sword when they tried to force their way into his Perth home has lost a bid to overturn his conviction.

Robert Urquhart claimed he was acting in self-defence when he tried to fight off officers at his door, dressed only in a T-shirt.

The 55-year-old was found guilty of assaulting PC Edward Rankin and striking him on the leg with a 4ft sword, to his injury.

He was also convicted of a second charge of behaving in a threatening or abusive manner when he brandished the sword at two other officers who had entered his Primrose Road property via the back door.

Lawyers for Urquhart challenged his conviction at the Court of Criminal Appeals in Edinburgh.

They claimed the sheriff had excluded Urquhart’s self-defence plea and argued the sheriff had misdirected jurors by telling them Urquhart needed to establish his defence on a “balance of probabilities”.

However, the case has now been rejected. In her findings, Lady Smith accepted the sheriff did misdirect the jury but this had not led to a miscarriage of justice.

She said: “In these circumstances, we consider that the police evidence was acceptable – as it must have been – looking at matters objectively, the accused’s behaviour could not, on any view, be characterised as having been reasonable. He could not reasonably have thought that he was dealing with intruders or was otherwise in need of defending himself.

“In these circumstances, not withstanding the sheriff’s misdirection, there has been no miscarriage of justice and the appeal is accordingly refused.”

The trial heard police arrived at Urquhart’s home at about 11am on December 23 2013 with a search warrant.

Urquhart stood behind his front door as police tried to force it down. Dressed in only a T-shirt, he thrust his sword through a whole in the door, striking PC Rankin on the leg.

Meanwhile, two other officers – one in uniform – made their way through the back door and into the living room, shouting “police” as they ran.

Urquhart ranted, swore and brandished the sword at them. There was a stand-off when PC Rory Duncan took out his CS spray and told Urquhart to lay down the sword. He initially refused, but agreed to give up when PC Duncan told him he would not spray him.

HE CoulD not rEAsonABly hAvE thought thAt hE wAs DEAling with intruDErs orwAs othErwisE in nEED of DEfEnDing himsElf.

LADY SMITH