A domestic abuser has been accused of “re-traumatising” his victim by repeatedly failing to turn up to court – more than two years after he pleaded guilty.
Nikki Brown, 43, still hasn’t been sentenced for persistently sending an excessive number of abusive and offensive texts to his former partner – despite admitting the offence in March 2020.
The latest delay in the case – which was first heard at Aberdeen Sheriff Court on June 13 2019 – came earlier this month, when Brown once again failed to turn up for his sentencing.
It was the fourth time this has happened and the fourth time a warrant has been issued for his arrest.
Each time previously, Brown has been arrested and hauled back in front of a sheriff before being released on bail – on the proviso he turns up for the new sentencing date.
On the day of his latest no-show – Friday, July 1 – The Press and Journal found Brown at his home in Banchory’s Glebe Park, around three hours after the latest court order for his arrest was issued.
He told our reporter: “I’ve got a medical certificate excusing me.”
At the time, a spokesman for the Scottish Courts and Tribunals Service (SCTS) said: “The case called this morning and Mr Nikki Brown was absent with no representation.
“The sheriff granted a warrant for his arrest.
“A decision on whether or not to remand someone in custody is a matter for the sheriff having regard to relevant legislation, and the circumstances of the particular case.”
But someone close to Brown’s victim told The Press and Journal that he has “repeatedly manipulated the system at taxpayers’ expense to avoid accountability”.
They added: “This has caused the victim untold stress, living from court date to court date, utterly baffled why he has been allowed time and again to claim he is too unwell for court.”
Brown’s most recent latest no-show is the latest issue to delay the case from reaching its conclusion.
Legal arguments, background reports and missing sheriffs have all caused adjournments and, since 2019, Brown has failed to show up at least seven times.
Three years of delays and no-shows
- 13/6/19 – Brown pleads not guilty; intermediate and trial diet fixed
- 24/7/19 – trial postponed for trial preparations
- 30/10/19 – case calls; continued to trial diet
- 27/11/19 – case calls for trial; adjourned for legal reasons
- 10/2/20 – continued to trial diet
- 9/3/20 – Brown pleads guilty; case continued to obtain background reports
- 21/3/20 – adjourned over Covid
- 17/6/20 – adjourned until August 12 2020 for background reports
- 12/8/20 – adjourned until September 3 2020 for background reports
- 03/09/20 – adjourned until November 18 2020 for legal reasons
- 18/11/20 – adjourned until December 3 2020 for legal reasons
- 03/12/20 – adjourned until January 7 2021 for legal reasons
- 07/01/21 – adjourned until February 4 2021 for legal reasons
- 04/02/21 – Brown fails to appear – adjourned until March 4 2021 for personal appearance
- 04/03/21 – Brown fails to appear – adjourned until March 18 2021 for personal appearance
- 18/03/21 – Brown fails to appear – sentence deferred until April 15 2021 for personal appearance (recorded delivery having failed)
- 15/04/21 – Brown fails to appear – arrest warrant granted (subsequently withdrawn)
- 06/07/21 – sentence deferred until February 9 2022 for good behaviour
- 09/02/22 – sentence deferred as sheriff unavailable
- 15/02/22 – sentence deferred as sheriff still unavailable
- 22/03/22 – Brown fails to appear – arrest warrant granted
- 12/05/22 – Brown fails to appear – arrest warrant granted
- 01/07/22 – Brown fails to appear – arrest warrant granted
Criticism from Holyrood
The case has attracted criticism from the shadow justice secretary and Tory MSP Jamie Greene, who previously raised the delays in the Scottish Parliament during First Minister’s Questions.
Commenting on the latest developments, Mr Greene said: “This repeated refusal from Nikki Brown to show up is completely unacceptable.
“Criminals like him should not be allowed to re-traumatise their victims over and over again by dragging out their case and repeatedly failing to turn up.
“He should face punishment for doing so.
“My deepest sympathies are with the victim of Brown’s crimes. I hope she will eventually get the justice she deserves.”
‘Clearly an exceptional case’
When the case against the ex-Royal Navy serviceman first called in June 2019, he denied the allegations.
On March 9 2020 Brown pleaded guilty to breaching the Communications Act 2003 and Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and the case was continued to obtain background reports.
Mr Greene said: “The case being delayed more than 20 times, often due to the deliberately disruptive tactics of the perpetrator shows his callous indifference to the victim.”
Back in March of this year, an SCTS spokesman said: “We appreciate that any delay in the criminal justice system can have an effect on all those involved and we do attempt to minimise delays.
“This is clearly an exceptional case, however some delays are out with the court’s control.”
The Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Government refused to comment on what the COPFS referred to as being an “active case”.
Update: Following the publication of this story the Scottish Courts and Tribunals Service confirmed that Brown has now been remanded in custody until the next hearing, which will be held on July 27.
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