A north-east man who raked in cash for selling potentially killer legal highs has been jailed for four-and-a-half years.
Liston Pacitti, 28, of Deveron Road, Aberdeen, and Paul Brocklehurst, 62, of Gwynedd, Wales both admitted supplying “new psychoactive substances” to customers aged as young as 13.
Two users were left in comas after taking a substance known as “Psyclone” sold by Brocklehurst, who was also jailed for four and a half years.
His shop in Perth was exposed by a BBC documentary, The Deadly World of Legal Highs, and both men were repeatedly warned by police that their products were endangering their customers.
But the brazen businessmen carried on regardless – with workers telling police the businesses were taking in up to £6,500 a week – branding their products “herbal research chemicals”.
He tried to deny he had committed a crime today – comparing himself to Mandela and Gandhi in a bizarre speech to the court in which he claimed “Scottish justice” was on trial.
A sheriff jailed the pair for four-and-a-half years each, telling them: “You were lost to human decency, placing personal profit aboive the health of those from whom you sought to make that profit.”
Dundee Sheriff Court heard the substances included the notorious synthetic cannabis Spice, another called Sky High which came as a pre-rolled cigarette, and other compounds sold under names such as “White Columbian” and “Charly Sheen”.
Workers told how Brocklehurst encouraged staff to give out free samples and operate a loyalty card scheme.
The court heard that two men who took Psyclone fell into comas with a Glasgow coma scale score of seven – indicating a severe injury.
Fiscal depute Vicki Bell told the court: “One was admitted to the High Dependency Unit.
“He was hypothermic, had a slow heart rhythm with a rate of 38 beats per minute and his blood was acidic.”
The court was told that two other customers aged just 14 and 13 were found heavily under the influence of substances sold by Brocklehurst’s shop.
The 13-year-old boy was rushed to hospital with heart palpitations, a racing pulse and hallucinations that the walls were moving.
Forensic experts said the substances the pair sold can lead to severe physical effects and even death.
The court heard local groups had rallied against the shops run by both Pacitti and Brocklehurst – launching Facebook and media campaigns against them – and police repeatedly warned them of the dangers they posed.
At his This N That store in Perth, Brocklehurst at one stage sold an undercover BBC producer Spice – which can be 100 times more potent than cannabis – calling it “excellent value for money”.
The brand is known to have caused seizures, psychosis, kidney failure and strokes and has been linked to numerous deaths around the world.
During the secret filming Brocklehurst said: “Spice is 1.5 grams for a tenner, which is excellent value for money.
“It’s a damn good product. We just got it in today. Come and give us your feedback.”
Brocklehurst and Pacitti both pleaded guilty on indictment to charges of culpably and recklessly supplying new psychoactive substances to the danger of health and life.
Brocklehurst’s offences were committed between July 3, 2013 and July 29, 2015 at his shop, This ‘N That, in County Place, Perth.
Pacitti’s were committed between July 3, 2013 and December 7, 2014 at his stores, Declaration and Evape-O-Lution in Brothock Bridge, Arbroath and The High Life and Evape-o-Lution in High Street, Montrose.
Speaking in his own defence after his lawyers withdrew from acting for him, Brocklehurst said: “I believe it’s not myself on trial – it’s the Scottish legal system that’s being tested.
“If we look through history courts came up with decisions – time will be the decision maker.
“If we take Gandhi or Mandela or other renowned people I’m just a little midget. Just a fly.
“Justice is justice and the law is the law.
“I’m not in the same league as these illustrious figures in history but it is only time that will decide if the system is fair or unjust.”
Sheriff Alastair Brown jailed the pair for four-and-a-half years each.
He said: “You set up shops from which to sell the substances. On the narrative given to me, the daily takings in those shops ranged from several hundred pounds to £2,500.
“The existence and operation of those shops caused serious concern to the communities in which they were situated.
“Community leaders and members of the public asked you to stop and protested against the operation of the shops.
“The police warned you about the effects of the substances you were selling.
“The local newspaper ran a series of articles about the misery you were causing. The BBC highlighted the problem in a documentary.
“You thumbed your noses at them all.
“It is perfectly clear that you were exploiting cynically and with no regard for the effects on your customers or the wider community, what you thought was a gap in the law in order to make significant amounts of money.
“But you were wrong.”
Catriona Dalrymple, procurator fiscal for local court in north and east Scotland, said: “Liston Pacitti and Paul Brocklehurst were only interested in profit, having no regard for the safety of their customers, and it is only by good fortune that there were no fatalities.”
Police Scotland Superintendent Suzie Mertes added: “The sentence is testament to the excellent work of officers and partner agencies and re-enforces the message that we are fully committed to tackling the issues associated with new psychoactive substances.
“Just because they are labelled legal does not mean they are safe. There is no safe way to take NPS, so avoid altogether.”
