Police in 'drugs raid' response to GP's row

Published on Friday 30 October 2009 21:21

POLICE were accused yesterday of being heavy-handed and turning a routine inquiry involving a doctor and his wife in one of Edinburgh's most salubrious areas into something resembling a "drugs raid".

Four officers, with another two on stand-by, were involved when John and Michele McCallum were taken to a police station after a row in the Merchiston district.

In court yesterday, one officer defended the tactics, saying the couple were detained separately, and consideration had to be given to their four children.

The doctor was described as shouting aggressively while he was being taken away, and his wife was said to have been clearly under the influence of drink.

Dr and Mrs McCallum, both 49, are each charged with committing a breach of the peace on 25 September in Napier Road – where other residents include writers Ian Rankin and Alexander McCall Smith – and acting in an intimidating manner towards Rosaline Kinder, 48.

Edinburgh Sheriff Court has heard in previous evidence of a history of feuds between the neighbours, and earlier that day Dr McCallum had complained to police that Mrs Kinder had nearly knocked down children as she drove out of her drive.

Mrs Kinder said Dr McCallum was "hanging around" as she returned from picking up her son, and stood at the back of her car as she began to reverse.

She alleged he looked drunk and stared at her fiercely. Mrs Kinder sounded her horn to alert her husband, Guy, who suffered from cancer, and told him to phone the police. Mrs McCallum appeared and, in mimicking fashion, sounded the horn of her car. She tried several times to open Mrs Kinder's door, and banged on the vehicle.

"It was like a wild animal, yet it was laughing, too," stated Mrs Kinder.

PC Janie Kay, 31, said she and her sergeant had gone to see Mrs Kinder and took an account of the incident from her and her husband. The officers went next door to speak to the McCallums but nobody was at home. They returned at 9:15pm. Two other officers also attended, and a further two had been told to remain in the area in case further transport was required.

"I knocked the front door. There was no answer … I could see a male through the door. I identified myself as the police. The male walked away," said PC Kay, who went to the back of the house with her colleague to investigate a "commotion".

"I could see Dr McCallum. He instructed the police to get out of his garden. He appeared quite agitated. He was shouting, 'Get out, you have no right to be here, get out.' His tone was aggressive," added PC Kay.

The other officers took Dr McCallum to the police station and PC Kay and the sergeant were invited into the house by Mrs McCallum.

"She appeared under the influence of alcohol. Her speech was slightly slurred. I could smell alcohol on her. Her eyes were red. Her behaviour was irrational, I thought," said PC Kay.

Mrs McCallum was taken to the police station, and her two youngest children went with her. She and her husband were arrested and charged, and made no reply. They were released.

The constable agreed with Vincent Belmonte, solicitor for Dr McCallum, that the police had not held a warrant to enter the couple's private property.

David Blair Wilson, for Mrs McCallum, asked why six officers had been needed.

"Four were swarming around a GP's house late at night … two go to the front, two go to the back. One would almost think it was a drugs raid," Mr Blair Wilson said. PC Kay disagreed.

Mr Blair Wilson said: "You are going to interview people about a road traffic matter and a possible breach of the peace in one of the most salubrious areas of Edinburgh, a GP and his wife, yet six officers are required?"

PC Kay said: "We needed to speak to both parties. We were aware they had four children."

Mr Belmonte submitted that Dr McCallum had no case to answer, because his involvement had not amounted to a breach of the peace.

Sheriff Graeme Warner rejected this and the trial was adjourned until next month.