Bid fails to bail Elgin 22-year-old who threatened partner and her grandmother
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AN ELGIN 22-year-old who threatened to kill his partner and her grandmother has been kept in custody.
A push to bail Patrick Stewart, from Kingsmills, Elgin, came from defence solicitor David Patterson at Elgin Sheriff Court on December 22.
Mr Patterson asked Sheriff David Harvie to release Stewart, who appeared via video link, on bail from custody in Inverness so he could receive a psychological assessment.
The bid came due to pressures on psychological services in Inverness, which Mr Patterson said are not currently providing support in prisons.
However Sheriff Harvie rejected the request, saying Stewart would have to wait in custody for the assessment.
Stewart was taken into custody as a result of an incident on November 29, 2022 involving his then-partner.
Depute Fiscal Sharon Ralph said: “The accused was heard shouting through the wall, calling her a f******* s*** and stating that she had slept with other men.
“He also stated he would kill her and her grandmother.
“Around this time, he was heard talking on the phone for someone to come and smash her windows.
“The accused returned and, finding the door locked, made various threats to harm them."
Police then arrested Stewart and took him to Elgin Police Station.
Ms Ralph said: “The accused looked at a police officer and called them a f****** c***.
“The accused was placed in leg restraints.
“As he was leaving the police vehicle he began calling officers p**********, c**** and f****** gay p***********."
Stewart was charged with behaving in a threatening manner to his partner and a member of her family, with two counts of assaulting and threatening police constables.
Mr Patterson, however, said Stewart was previously improving his behaviour and attitude before the death of his mother caused him to "turn to drink".
He said: "He was engaging with Arrows and his domestic offence program work.
"He was also carrying out agency work as a labourer.
"He doesn’t want to be in and out of prison and was content with a normal life.
"He would send me messages of what he was doing day-to-day.
"It was also clear that he was utterly distraught with the death of his mother.
"But the strategies he had been taught didn’t cover situations like the passing of his mother and he turned to drink."
A psychological examination was needed, Mr Patterson said, due to his client's deterioration while in custody.
He also said that psychological services were not being offered in Inverness prisons, so a release on bail would be Stewart's only chance to receive support.
Stewart's risk, Mr Patterson argues, was isolated to his own family and he would not threaten the safety of the community.
He said: "It was a disagreement at his family home.
“The risk is clearly isolated to the family unit.
"It started as a petty argument and he left in an attempt to calm himself down.
"Leaving the home is something that was taught to him to de-escalate but this obviously didn't work.
"He accepts that he acted in a wholly inappropriate way.
“What I am trying to advance, is that there has been an improvement.
"It’s worthy to note that the psychological services are stretched so they cannot provide services in prison.
“There would be more opportunity for him to receive support if he was at liberty."
However Sheriff Harvie said releasing Stewart on bail would be a risk to the community.
Delivering his verdict, he said: "There is a really significant balance to be struck here between managing risk to the public and Mr Stewart’s interests.
"I will ask for the report, as there is a significant need for a psychological report, but that report will be prepared while remanded in custody."
Sentencing was deferred until January 19 to allow time to arrange a psychological report.
