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‘I’ve got a right to speak’ – ‘Not right now you don’t’: Sheriff’s fiery exchange with accused in dock

Lewis Gibbs raised his voice, swore, and repeatedly insisted he had a "right to speak" as he talked over the fiscal depute.

Aberdeen Sheriff Court.
Lewis Gibbs appeared at Aberdeen Sheriff Court. Image: DC Thomson.

A sheriff became embroiled in a fiery row with a criminal who refused to stop interrupting court proceedings from the dock.

Lewis Gibbs raised his voice, swore, and repeatedly insisted he had a “right to speak” as he talked over the fiscal depute.

Sheriff Shirley McKenna frequently had to intervene and tell him to be quiet, blasting: “Not just now you don’t.”

Amidst the 34-year-old’s rambling, he made bizarre claims about someone threatening to “eat” his kids and claimed to have a “f****** melon” coming out of his head.

Threatened to slit police officer’s throat

Gibbs, who also sarcastically applauded the sheriff, was appearing at Aberdeen Sheriff Court over assaulting a Tesco worker, threatening a police officer and then barricading himself in his flat.

Amid constant interruptions from the dock, fiscal depute Eilidh Gunn told the court that the incident happened on April 29 2022 shortly after 8pm.

She said Gibbs pushed the store manager of Tesco on King Street after being denied entry to the shop.

Gibbs then walked off and was heard “shouting and screaming incoherently” in the street by a passing police officer.

The officer followed Gibbs into a block of flats on King Street but was met with the chilling threat: “F*** off or I’ll slit your f****** throat.”

Further officers then attended and Gibbs refused to allow them entry to his flat.

After informing him that they would force entry to the address, officers could hear heavy items being moved behind the door.

Entry was forced to the flat and Gibbs immediately tried to push the door back in place.

When officers tried to restrain him, Gibbs broke free, fled to the bathroom and locked himself inside.

While the police tried to persuade him to come out, they noticed a number of items which had been placed behind the flat door.

Despite initially refusing to come out of the bathroom, Gibbs did eventually emerge and was promptly arrested.

Accused won’t shut up

Gibbs, of King Street, pled guilty to assaulting a retail worker, behaving in a threatening or abusive manner, resisting, obstructing or hindering police and failing to appear at court for a previous hearing.

Throughout the Crown’s narration of the crimes, Gibbs constantly spoke over people and interrupted them.

Sheriff Shirley McKenna told him: “I wonder if you could just be quiet. That would really be helpful.”

Gibbs snapped back: “I’ve got a right to speak.”

But the sheriff replied: “Not just now you don’t.

“Could you be quiet so I can hear what’s being said. Your solicitor will get an opportunity to speak for you.

“Do you have a difficulty understanding that?”

Gibbs said he did, and Sheriff McKenna went on: “Here’s the process. The procurator fiscal speaks first, then Mr Burnett gets an opportunity to speak on your behalf.

“Do you understand that?”

‘I’m not sure what’s got into him today’

Gibbs said he did and the sheriff  replied: “Well be quiet.”

When his interruptions continued, the sheriff asked Michael Burnett, Gibbs’ lawyer, to “have a word” with him.

The beleaguered solicitor replied: “I’ve tried. I’ll try again.”

However, despite Mr Burnett’s best efforts to calm him, his client continued to cause disruption, declaring at one point: “I’ve got freedom of speech. This is all bulls***.”

At the conclusion of the narration of his crimes, Gibbs said that he had been “assaulted” and had a “f****** melon” sticking out of his head.

Addressing the sheriff, Mr Burnett said: “I apologise for Mr Gibbs’ appearance today.

‘I could change my mind quite easily, right enough’

“He’s not himself. This is not the man I dealt with initially. I’m not sure what’s got into him today.”

Gibbs interrupted: “I’ll tell you what’s got into me. Some person outside said they’re going to eat my kids.”

Mr Burnett said Gibbs had nothing else on his record since the offences and said supervision “would be beneficial”.

Sheriff McKenna began to tell Gibbs she was imposing a community order but stopped as Gibbs did not appear to be taking the matter seriously.

She told him: “I could change my mind quite easily, right enough.”

Gibbs said he was listening and the sheriff continued, handing him a four-month curfew and 18 months of supervision as alternatives to custody.

Gibbs replied “okay, cool” and tried to walk out of the dock while sarcastically clapping.

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