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Prison for man PAVA sprayed during assault on officer in Inverness

Jason Mullen had straddled the policeman and was striking him before the incapacitating spray was used.

Rose Street Multi-storey car park in Inverness.
The incident took place near Rose Street Car Park. Image: DC Thomson

A man who had to be PAVA-sprayed to stop him from attacking a police officer has been jailed.

Jason Mullen had overpowered the policeman, straddling him and delivering blows before the incapacitating spray was deployed.

The assault took place after a man was found slumped in an alleyway near Inverness Library, the city’s sheriff court heard.

Mullen, 24, appeared from custody before Sheriff Sara Matheson to admit charges of threatening or abusive behaviour and assaulting the officer.

Fiscal depute Victoria Silver told the court that it was around 2.45pm on May 15 that witnesses at the Rose Street Car Park spotted three people on a security camera – one of whom they believed had collapsed due to intoxication.

Man spotted ‘slumped’ by wall

They contacted police and went to the scene, where a man “appeared to be slumped against the wall”.

At this point, Mullen shouted for the people to leave him alone, and when advised that his friend may need help, spat towards the witnesses and told them to “f*** off”.

Police arrived and Mullen was taken aside but continued to shout at the witnesses, ignoring police requests to calm down.

He stated: “I’ll f***ing murder you” and offered the witness a “square go”.

Officers then took Mullen by the arms, which led to him “becoming physical” with them.

He was taken to the ground but freed himself and overpowered an officer, straddling him and striking him.

PAVA spray de-escalated assault

PAVA spray was then used on Mullen.

“His behaviour de-escalated quickly after that,” Ms Silver said.

Solicitor Natalie Paterson, for Mullen, told the court that on the day in question, Mullen and his companions – his partner and her uncle – had been drinking but had not been “significantly intoxicated”.

She said the uncle “took a seizure” and the pair were trying to assist him in the street when the witnesses intervened.

“The parties that had attempted to intervene believed that Mr Mullen had assaulted the uncle,” Ms Paterson explained.

“Matters have escalated from there,” she said, adding that Mullen “took issue” with police taking hold of him.

The defence agent told Sheriff Matheson that her client – who was receiving regular appointments for his mental health – was concerned that a jail sentence would lead him back to a previous drug addiction acquired during an earlier sentence.

But Sheriff Matheson told Mullen, of Diriebught Court, Inverness: “These offences were committed when you were on license. There is no alternative but to impose a custodial sentence – nine months from today’s date.”

The sheriff declined to reimpose the unexpired portion of a previous sentence.