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Justice in Moray: Defendant tried to spit on police officers


By Ali Morrison

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Police had to try avoid being repeatedly spat on by a man following reports of suspicious activity at an Elgin house.

Marcus Capp (27) appeared at Inverness Justice Centre earlier today ...Picture: Gary Anthony..
Marcus Capp (27) appeared at Inverness Justice Centre earlier today ...Picture: Gary Anthony..

Officers later stopped Marcus Capp on North Street at 3.50am on January 3.

Fiscal depute Robert Weir told Inverness Sheriff Court today that Capp, who was in a car, cooperated with them at first.

However, the 27-year-old then became aggressive and officers restrained him by taking an arm each.

Mr Weir said: "He began to struggle violently by making his arms go rigid and by forcing his arms to the front, attempting to break free, trying to headbutt and trying to bite an officer's hand.

"He was handcuffed and while being placed in the vehicle cage, he headbutted one constable to the face.

"He continued to struggle violently.

"At Elgin police station he was removed from the police van and began repeatedly spitting at the police.

"He was placed in a spit hood."

Defence solicitor Shahid Latif successfully persuaded Sheriff Eilidh Macdonald to defer sentence for a background report on his client and a restriction of liberty order assessment.

The lawyer said his client had a poor childhood leading to "low self-esteem".

Mr Latif added: "There is a psychiatric report available which may be helpful to the author of the report.

"But in the last few months there has been a sense of maturity in him.

"He obtained a job in a Nairn takeaway and he couldn't drink during the day."

Capp admitted two police assaults, resisting arrest and threatening or abusive behaviour.

Sheriff Macdonald warned him: "It is likely that a prison sentence will be uppermost in the court's mind but I will grant Mr Latif's motion."

Capp, who is from Nairn, was again remanded in custody at Inverness Prison until he is due to be sentenced on April 29.


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