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Highland solicitor urges 'reality' over domestic violence cases





Kelman, a first offender, was charged with assault after pushing his partner.
Kelman, a first offender, was charged with assault after pushing his partner.

A SOLICITOR told a sheriff he believed the Crown Office needed to get a "grasp on reality" when prosecuting domestic violence cases after a man appeared in court for pushing his partner on the shoulder.

Brian Kelman was charged with assaulting the woman after an argument the morning after his works Christmas party last December.

First offender Kelman (27), from Nairn, appeared at Inverness Sheriff Court today (Monday) and admitted assaulting his partner on December 23 by pushing her and causing her to fall to the ground in the bedroom of their home in Lochdhu Place.

Depute fiscal Karen Smith said the incident happened at 7.44 am when the woman was getting dressed and an argument ensued because she woke him up.

"He pushed his partner and she fell to the floor and a short time later she phoned the police.

"He accepts he pushed her but other things happened before this," said the fiscal.

John McColl, solicitor for Kelman, said the woman wasn’t standing at the time she was pushed but was in fact kneeling on the floor doing her hair.

He told Sheriff David Sutherland the night before Kelman had been on a Christmas night out and during the course of the evening he phoned his partner.

"He thought he had hung up but hadn’t and she heard him speaking to another woman and became upset by this."

Mr McColl said there was nothing untoward in the conversation she had overheard.

He said the couple remained together.

"After she made the call (to the police) she came to her senses and did not want the matter taken any further," he said. "I am inviting the court to take the view this is a case where exceptional leniency can be applied.

"There is sufficiency of evidence that he pushed her. I made representations to the Crown Office that someone should review this case as it is certainly arguable that it was not necessarily in the public interest to prosecute.

"It appears, however, there is a policy in cases with a domestic element that all cases will be prosecuted.

"The word ‘robust’ is one which is used by spokesmen and spokeswomen from the Crown regarding cases of a domestic nature. It seems discretion is never applied.

"They are lacking a grasp of reality and practicality," said Mr McColl.

The solicitor said Kelman’s partner had put in writing her feelings to the court.

He asked Sheriff David Sutherland to take the exceptional view and grant Kelman an absolute discharge.

Sheriff Sutherland said: "Domestic violence is a nasty offence and by its very nature is committed outwith the public gaze therefore the prosecution authorities have to be ever mindful of that."

However he said having listened to what had been said in this case he felt the offence was at the "lowest end of the scale".

"I hope you can put this behind you and believe a degree of leniency can be applied and there are grounds for an absolute discharge," said the Sheriff.

Kelman, who was given an absolute discharge which means no criminal conviction is recorded, declined to comment after the case.


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