An abusive ex-boyfriend has finally been sentenced more than two years after he admitted to sending his former partner offensive text messages.
Nikki Brown’s antics caused more than two dozen delays to his trial during which he repeatedly switched his plea, dismissed his legal representation and failed to turn up.
They even prompted a question about the case to the First Minister in the Scottish Parliament.
Brown was accused of breaching the Communications Act 2003 and Abusive Behaviour and Sexual Harm (Scotland) Act 2016 by persistently sending an excessive number of abusive and offensive texts to his ex.
He first denied the allegations in June 2019 before changing his plea to guilty in March the following year and then withdrawing that plea later in September 2020.
However, the 39-year-old ex-Royal Navy serviceman, of Glebe Park in Banchory, was still convicted of the crime.
He was then due to be sentenced as far back as April last year but had failed to attend court on four occasions since then.
P&J confronted Brown on doorstep
Every time that Brown was absent from court a warrant was issued for his arrest.
But each time he was hauled back in front of a sheriff he was released on bail again on the condition that he return on another date when he’d again fail to re-appear.
On the last occasion, a Press and Journal reporter spoke to Brown at his front door around three hours after a court order for his arrest was issued.
He told our reporter: “I’ve got a medical certificate excusing me”.
But someone close to Brown’s victim told the P&J that he “repeatedly manipulated the system at taxpayers’ expense to avoid accountability”.
And they added: “This has caused the victim untold stress”.
After the Press and Journal reported on the situation, the Scottish Courts and Tribunal Service (SCTS) later confirmed that Brown had been remanded in custody until his deferred sentencing date.
Appearing before Aberdeen Sheriff Court this week Nikki Brown sat in the dock representing himself as details of the single charge against him were read out.
Fiscal depute Kiril Bonavino said that Brown’s ex with whom he’d had a relationship for seven months “contacted the accused by text on June 7 2019 asking him why the accused had been so horrible to her during their relationship”.
Mr Bonavino told the court that Brown had replied to his ex with a number of texts “of a rambling nature”.
He explained: “There was one that ended with the words: ‘Do one, you horrible c***.’ She texted him back asking him to stop the messages. However, they continued.
“She received a number of texts. The messages included: ‘F*** off, you horrible cow’.”
Brown sent his former partner a total of 27 texts over a four-day period, the court heard.
Sheriff Lesley Johnston allowed Brown an opportunity to address the court before she sentenced him.
He said: “I find it hard to believe that I was in a relationship with [the victim].
“The transcripts of the message exchange show the very first message from [her] reads: ‘Why did you turn out to be such a c***?’
“I was very defensive in my responses to her at times as a result of the things she was saying to me.”
Sheriff Johnston told Brown: “The psychiatric report has concluded that, while you have a mental health condition, it doesn’t require any treatment.
“Social work has significant concerns about your ability to manage and comply with a community-based order.”
Sheriff Johnston told Brown that she would be sentencing him to a discounted fine but that time served in custody meant that he did not have to pay it.
She explained: “The threshold for a custodial sentence is a high one. I do not consider the circumstances of your case to meet the test for a custodial sentence.
“An appropriate disposal is the imposition of a fine in the sum of £1,000 discounted to £900 to take into account your plea at the trial diet.
“The period of imprisonment applicable for non-payment of a fine at that level is 28 days imprisonment.
“You have been on remand in respect of this matter since July 8 to allow these reports to be prepared. That’s the equivalent of a two-month custodial sentence.
“The maximum custodial sentence in respect of a charge of this nature is six months. In light of the time you spent on remand I’m going to remit that fine to nil.
“In essence, you have served a two-month custodial sentence. That concludes these proceedings.
Brown was also subjected to a non-harassment order banning him from attempting to approach, contact or communicate with his victim for a period of one year.
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 and psychiatric report ordered
- 28/07/22 – Psychiatric report not completed – sentenced deferred again
- 10/08/22 – Brown finally sentenced
He previously raised the delays in the Scottish Parliament during First Minister’s Questions at the Scottish Parliament.
And reacting to the sentence, Mr Greene told the Press and Journal: “My heart goes out to the victim in this case who has been terribly let down by Scotland’s justice system.
“It is astonishing that Nikki Brown has effectively walked away scot-free.
“Given the trauma inflicted on his victims due to his sentencing no-shows as well as the actual crime itself, surely a much stronger sentence could have been considered.
“This case highlights the importance of my calls for right to review soft sentences, which would empower victims to force a rethink in cases where they feel justice has not been done.”
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