Missing CCTV delays racist attack case trial

Sheriff slams footage blunders over alleged assault on takeaway owner

A sheriff yesterday blasted prosecutors after the trial of seven men accused of a racist attack on a Muslim takeaway owner hours after the IS attacks in Paris last year had to be postponed.

Kyle Campbell, Brandon Munro, Robbie Smart, Connor Crombie, Sean Wood, Darren Macduff and a teenager, who cannot be named for legal reasons, appeared at Kirkcaldy Sheriff Court to face trial over the allegations.

But despite all the accused, lawyers and most witnesses being present, the case had to be put off because of Crown blunders with CCTV evidence.

It emerged during a brief hearing that not all of the available CCTV from the Caspian takeaway in Methil, where the alleged offence occurred, has been collected by prosecutors.

That is despite almost 13 months having elapsed since the incident, and more than four months since the case first called in court.

Some of the footage was even posted on Facebook and YouTube within days of the incident.

Sheriff James Williamson said: “I’m getting fed up of the number of trials I’m asked to adjourn because the CCTV has not been made available.

“There’s a large organisation behind you, madam fiscal, and I would think someone would have done this.

“This is a matter that happened in November last year and attracted a fair degree of publicity.

“It first called in court in July. It’s now December and we are at the trial diet and it has still not been made available.”

The seven are accused on summary complaint of attacking Mohammed Khalid, 53, at the Caspian takeaway on Wellsley Road, Methil, on November 15 last year.

A total of 130 people plus seven terrorists died in the attacks on November 13 and 14 at the Bataclan theatre, the Stade de France and on streets in central Paris.

Speaking at the time, Mr Khalid, who runs the takeaway with his wife, said the men who had attacked him were “shouting about Isis”, but added: “Paris was not done in our name, everyone here knows that and understands that.”

The seven men are alleged to have repeatedly punched and kicked Mr Khalid on the head and body to his injury.

Munro, Smart and Campbell are also alleged to have attacked shop assistant Mohammed Nadeem, 35, by repeatedly punching and kicking him on the body to his injury.

All seven are also accused of “acting in a racially aggravated manner which caused or was intended to cause alarm and distress to Mohammed Khalid.

Campbell, 19, Sidlaw Street; Munro, 18, Farne Court; Smart, 18, Denfield Place; Macduff, 18, Craigmount; Crombie, 18, Fosterton Crescent; and the teenager, all Kirkcaldy, and Wood, 20, Hugo Avenue, Coaltown of Wemyss, deny the charges.

Sheriff Williamson adjourned the trial to a date in February.

I’m getting fed up of the number of trials I’m asked to adjourn because the CCTV has not been made available. SHERIFF JAMES WILLIAMSON