Moray man became aggressive after spilling brother’s ashes in back of police vehicle during incident near Lossiemouth High School

A man who became aggressive with officers during an incident where he spilled his brother’s ashes in the back of a police vehicle has been ordered to carry out unpaid work.

Elgin Sheriff Court heard that in the evening of March 30 this year, Kyle Mackenzie’s partner contacted police out of concern for his mental health.

The 27-year-old Lossiemouth resident was found in the car park at Lossiemouth High School on Coulardbank Road at around 7.25pm.

Mackenzie, who appeared before the court via video link from HMP Inverness, is said to have been cooperative at first.

The officers searched him and found a small black container which he told them contained his brother’s ashes.

However, after initially being calm, he is said to have then become “increasingly aggressive” with the officers who, in response, placed him in the back of a police vehicle.

Mackenzie inadvertently opened the black container while in the vehicle causing a portion of the ashes to spill out.

The court heard how he reacted angrily to this, calling the officers “c***s” and “pigs”.

He was subsequently taken to Elgin Police Station where he was cautioned and charged.

Defence solicitor Stephen Carty told the court that his client was intending on scattering the ashes prior to the police arriving.

He had consumed alcohol and was understandably upset and emotional.

The solicitor added that Mackenzie did not expect to see the police and became upset with their involvement having had a “fractious relationship” with them in the past.

Spilling the ashes only intensified these feelings but Mr Carty insisted Mackenzie feels “great regret” and accepts the police were there with the intention of helping him.

Despite Mackenzie’s “substantial record”, Mr Carty called on Sheriff David Harvie to take the “unusual” and “unfortunate” circumstances which led to the incident into account before sentencing him.

Sheriff Harvie said: “There are obviously tragic circumstances underlying this incident and you need help in coping with all of this.”

Mackenzie was placed under 12 months of supervision to run alongside another order he is currently under.

He was also ordered to carry out an additional 80 hours of unpaid work to be completed in six months.