A man drank at least two bottles of red wine – then ignored a court order to stay away from his girlfriend.
David Donaldson, 44, breached the bail conditions previously ordered by a sheriff in an ongoing court case involving the couple.
The drunken visit to his other half’s home at Carron Place, Aberdeen, on February 3 this year, landed the dad-of-one back in the dock after he injured police officers.
He’d been arrested by the officers after a three-hour shouting match with the woman, who called the police but later told them not to come as it was “a joke”.
Donaldson’s defence solicitor later told Aberdeen Sheriff Court that her client had turned to alcohol due to the “stress” of an ongoing prosecution.
A three-hour argument
Fiscal depute Ruaridh McAllister said Donaldson was overheard shouting at the woman during the disturbance.
“A neighbour, around 4pm, could hear shouting and swearing and sporadic arguing”, he said.
“This neighbour heard the complainer making attempts to calm the accused down. This continued for around three hours.
“At 7pm, the complainer phoned 999 for help and at 7.10pm, police constables attended and saw the woman walking away from the property with the accused shouting after her.”
Donaldson was arrested but he went on to throw multiple punches and kicks at the officers.
“One constable activated his emergency red button alarm to summon further assistance,” the fiscal added.
“After a lengthy struggle, the accused was eventually restrained in handcuffs to the rear, and fast wraps were applied to his legs.
“The accused then spat on another constable with a large amount of spit landing on his body.”
Donaldson was later taken to the custody suite at Kittybrewster police station in Aberdeen.
Officers injured during arrest
One police officer suffered grazed knuckles on both hands, and grazing to their left knee.
Another was grazed on both hands, suffered a grazed left wrist, and grazes to both knees.
Donaldson pled guilty to a charge of threatening or abusive behaviour towards his partner and two further charges of police assault to injury.
Defence agent Caitlin Pirie said that her client, a tank cleaning supervisor, had an “excellent work record”.
Donaldson had previously been married for 13 years before his current relationship.
The court heard that he had previously completed the Caledonian Men’s Programme – a scheme to reduce the risk of domestic abusers re-offending – for a previous 2018 domestic conviction.
“Charge one is of a domestic nature but it’s not a crime of violence, so hopefully it can be accepted that the programme did have an impact”, the solicitor said.
She added that Donaldson had turned to alcohol due to the “stress” of an ongoing prosecution at the time and had consumed two bottles of wine “and other alcohol”.
Previous domestic convictions
“He didn’t recognise the importance of adhering to the bail conditions”, Miss Pirie said.
“An argument ensued, brought on in relation to the stress of the prosecution. He accepts he was shouting and swearing.
“The complainer called the police but she said she had originally called the police as a joke.
“She had called them back to say that officers were not required but they had already been dispatched.
“By the time officers attended, he was already highly intoxicated.
“He accepts they were just trying to do their job and he is very embarrassed and ashamed by the way he treated them.”
She added that he had been taking pain medication alongside drinking the alcohol.
“He really had no intention to set out and cause trouble on this particular day.”
Donaldson’s lawyer accepted he was in the “dangerous situation” of being close to being jailed.
‘It was not a joke’
Sheriff Morag McLaughlin told Donaldson that she didn’t want to jeopardise his long-term employment by jailing him.
She added: “If it was indeed a joke that your partner called the police, they could not and would not treat it as a joke.
“And your neighbour’s testimony suggests it was not a joke.”
The sheriff handed Donaldson, of Carron Place, Aberdeen, a community payback order.
He’ll be under a two-year supervision order and has to carry out 300 hours of unpaid work.
Donaldson must again complete the Caledonian Men’s Programme.
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