Jailed for spitting at a sheriff

Published 31st Oct 2018

A man from Govan has been sentenced to more than two and a half years in prison for spitting at a sheriff who refused him bail.

The hearing was happening outside the cell at Glasgow Sheriff Court where Gordon Rose was being held.

After an earlier incident with another man, it was decided they should do it there instead of bringing the 33 year old into court.

Rose pled guilty to breaching a previously imposed community order, but when sheriff Kelly remanded him in custody, he spat on him which landed in his mouth, his arm and his gown.

He'd earlier admitted the assault on the sheriff in the cell of Glasgow Sheriff Court on August 31st and Sheriff Principal Craig Turnbull jailed Rose for two years and eight months.

The court previously heard on the day of the incident, he was held in the cell area of the building and was due to appear from custody that afternoon in relation to his breach of community payback order.

Procurator fiscal depute Chris Farrell said: “His solicitor advised the sheriff that he could not be moved from the cell area and the custody court sheriff was asked to convene the court at his cell.

“At 4.30pm the sheriff convened the court int he cell area outside Rose’s cell.”

Rose’s lawyer was also there along with the procurator fiscal depute and security officer.

The lower part of the cell shutter was open during the hearing.

Through his lawyer, Rose admitted breaching the community payback order he was on and asked to be released on bail before being sentenced - but this was refused.

Mr Farrell added: “At this stage the accused spat at the sheriff and it landed on his face, inside his mouth, on his arm and gown.

“The security officer quickly shut the open latch on the door.”

Defence lawyer Ian Brechny said Rose had mental health problems at the time and was in custody after handing himself in.

He said at the time Rose was “anxious and agitated”.

The court heard sheriff Kelley continued the case until September 4 for another sheriff to deal with it and the remand period would only have been four days.

Mr Brechny added: “It was a reaction to not being allowed bail for four days, which there is no rationale behind.”

He said Rose is sorry and "considers this disgusting behaviour"