Spared jail after abusing medics

Jul 1 2009 by Our Correspondent, Airdrie & Coatbridge Advertiser

A CEMETERY visitor who drunkenly abused ambulance crew members has been placed on probation for two years.

James Morrison Smith Scalley threatened medics who had been called to treat him by concerned passers-by at Old Monkland Cemetery on May 31.

The 45-year-old, of Hutchison Place, Coatbridge, admitted behaving in a disorderly manner, shouting, swearing, issuing threats to the two men and committing a breach of the peace – all while on bail.

Sheriff Peter Hammond told Scalley: “You have a bad record for similar types of offending,” and, noting that he had been involved in a “previous incident at the hospital,” asked his solicitor: “Does he have an issue with health professionals?”

He finally settled on probation with the extra condition of attending alcohol counselling, but had stern words as he passed sentence.

The sheriff said: “This offence amounts to abuse of ambulance crew and it’s a totally unacceptable way to behave.

“You are a high reoffending risk, are unsuitable for community service and breached your previous probation three times.

“On the face of it, you aren’t suitable for a community disposal – but the social work assessment is positive and they think it’s done you some good.

“Custody was uppermost in my mind, but with some hesitation I’ll give you one last chance. It’s very hard to see any sheriff taking the view that you should be given another chance after today.”

Fiscal depute Peter Reid told Airdrie Sheriff Court: “At 7pm, the ambulance crew attended an emergency call and saw the accused lying on a grass verge.

“They approached him, identified themselves and tried to ascertain details, but he became verbally abusive.

“He got to his feet, shouted and swore in an aggressive and confrontational manner and threatened violence towards them.

“Several members of the public were nearby and aware of what was going on. Police were asked to attend, and the accused was handcuffed and taken to the police office.”

Solicitor Paul Belardo noted that his client had “unresolved issues” with both alcohol and bereavements, but that he has since attempted to address his drink problem.

The defence agent said: “The cemetery is where some members of his family are interred and this was his mother’s anniversary. He had been drinking heavily and had decided to visit the graveyard.

“He doesn’t know what happened thereafter but thinks he might have had an episode where he blacked out, as he had a head injury two weeks earlier. He is currently waiting for a CAT scan to get to the bottom of the blackouts.

“Mr Scalley has a drink problem, which is the understatement of the day. He has had for two decades and it’s the principal reason he has been before the court in the past.

“He didn’t really appreciate what was going on but appreciated in the cold light of day that these people were just trying to look after his welfare.

“There isn’t an issue with medical professionals – he has no recollection of that previous breach of the peace at accident and emergency, but it was a run-in with an individual who was there and not with the doctors or nurses.

“In terms of the locus, there are issues as he hasn’t come to terms with bereavements in his family in recent times.

“Since this offence he has abstained from alcohol to try to improve the situation. Probation would allow the court to keep a very close eye on him for the foreseeable future and give him the opportunity to impress.

“Custody would keep him out of circulation for some time but wouldn’t get to the root of the problem and he appreciates that he has to grasp this opportunity with both hands.”