Man who ‘demanded arrest’ is sentenced

Police were called to an Aviemore filling station to deal with a 33- year- old man who was demanding to be arrested.

But when officers arrived on January 31 at the Mal thurst premises in Grampian Road, Andrew Nicol changed his mind and resisted arrest.

Nicol, who is from Wales but was working and living in the Aviemore area at the time, was sentenced to 125 hours of unpaid work by Sheriff Walter Mercer at Inverness yesterday.

The court was told that Nicol arrived at the petrol station in the early hours and began knocking over heavy bins and a giant promotional coffee cup.

Fiscal depute Stewart MacIver said: “He then went to the till window and shouted at the member of staff to phone the police.

“The staff member pressed the panic alarm and alerted the police by phone only for Nicol to kick a hole in the glass door and enter the premises.

“He pushed the till over and then a pile of scratch cards before shouting and swearing at the attendant. He picked up a bottle, smashed it on the floor and knocked other items over. The member of staff still had the phone but Nicol grabbed it off him and threw it on the ground, damaging it. Apassenger in a taxi which had stopped at the filling station tried to calm him down but he threw a punch in his direction and again demanded to know if he was going to be arrested.

“Thepolice arrived but as officers tried to cuff him, he resisted and shouted a racial remark to the member of staff. He then spat on one policeman before there was a short but violent struggle to handcuff him.

“When charged he told police: ‘I am just disgusted with myself’.”

Defence lawyer Neil Wilson said: “He was very drunk but plainly that is no excuse. He tells me he has difficulty controlling his behaviour when he binge drinks while he is stressed.”

Nicol admitted behaving in a threatening manner, resisting arrest and police assault.

“He resisted and shouted a racial remark to the member of staff”