A SHERIFF told a court today he feared for the rule of law as he jailed a man for attacking a convicted sex offender in an Inverness-shire village.
Sheriff Ian Abercrombie sentenced Kenneth Scott to 11 weeks for assaulting sex offender David Matheson near Gorthleck Fire Station.
But Scott’s solicitor Craig Wood had told Inverness Sheriff Court: "There are very few in the community who have said anything other than ‘well done’ (to Scott)."
Matheson (53) had been convicted in 2008 for having unlawful sex with a 15 year-old boy who claimed he was 18. He was placed on probation and was on the Sex Offenders Register until January of this year.
Scott (50) of Dalvourn Holiday Chalet, Woodpecker Pad, Inverarnie, attacked him after Matheson dropped off a digger near the fire station on November 15, 2010. Scott was on bail at the time of the assault.
Matheson was waiting to be picked up by his sister, Inverness Sheriff Court was told.
Depute Fiscal Heather Swan said Scott came up to him and began to shout and punch him on the head without provocation and he fell to the ground.
She said Mr Matheson ran into a field and was pursued by Scott who threw a fence post at him.
"He continued to shout at Mr Matheson and made him apologise and, not wanting to make him any angrier, he did apologise."
When Mr Matheson’s sister arrived they took the fence post with them and reported the matter to the police. The fiscal said Mr Matheson had blood on his face.
Scott admitted assaulting Mr Matheson on the Gorthleck to Trinloist Road near to the fire station by punching him on the head causing him to fall to the ground, kicking him on the head and chasing him and striking him with on the head and body with the fence post.
Mr Wood said, in defence of Scott, that Matheson was a convicted paedophile and had a conviction in 2007 which involved the sexual grooming of an underage boy. He had been placed on probation for two years and the Sex Offenders Register.
The solicitor said Matheson had lived in the Gorthleck area and he left for two years at the time of the offence and the community was aware of his "predilection for children".
But Sheriff Abercrombie intervened: "This was a conviction for consensual sex with a boy of 15 who pretended to be over 18."
Mr Wood said Scott suffered a mental illness and was bi-polar. While he had a number of road traffic convictions, his last for assault was 15 years ago.
The sheriff adjourned briefly for the prosecution and defence to consider their positions.
He said: "It’s not up to this individual to take the law into his own hands. It is a matter of some importance in this case whether this man (Matheson), who has paid his debt to society, was breaching any court order.
"I want to know whether this was a provoked or unprovoked attack."
After a brief adjournment the fiscal told the sheriff both the prosecution and defence were of the view "this was an unjustified assault".
"It’s accepted at the time he was not doing anything to provoke Scott," the fiscal added.
In jailing Scott, the sheriff told him it was appalling behaviour.
"You cannot act as a self-appointed guardian of the law," he said. "In this case your behaviour is particularly reprehensible because your victim was in the process of serving his sentence and paying his debt to society.
"If the feeling of the local community is what you did was right I fear for the rule of law in this jurisdiction.
"I have no hesitation in imposing a custodial sentence."
