Judge rages at 'vindictive' action against policeman

Published on Saturday 25 June 2005 00:13

A VETERAN sheriff launched a ferocious attack yesterday on prosecutors and senior police officers after a detective was acquitted by a jury of a series of fraud charges, calling their conduct "vindictive and disgraceful".

Before formally freeing Detective Constable Kevin Trapp, 41, from the dock at the end of a trial which cost the taxpayer an estimated 300,000, Sheriff Andrew Murphy stunned observers at Falkirk Sheriff Court with the harshness of his criticism.

In comments of a type rarely, if ever, heard from the bench in Scotland, Sheriff Murphy described decisions taken in the prosecution of DC Trapp by high-ranking officials in the police and the procurator-fiscal service as "wholly wrong". The sheriff, who is to retire soon, also spoke of the "wholly reprehensible" way in which attempts had been made to gather evidence against DC Trapp.

However, the Crown Office insisted that a "professional prosecution" had been put before the court.

DC Trapp, who has more than 20 years' service, was found not guilty of exaggerating a knee injury to obtain a university place and nearly 39,000 - in sick pay, student funding and an insurance payout - by fraud.

The court heard that DC Trapp had been studying for a law degree at Strathclyde University in 2001 while on sick leave.

A fellow student, Margo Webb, 45, reported to Central Scotland Police her suspicions that he was faking his injury, and the force's professional standards department began an investigation.

It was arranged for security staff at the university to secretly film DC Trapp walking, climbing stairs and getting on and off a powerful motorcycle. Also, Mrs Webb kept a log of his movements and tape-recorded a conversation with him.

The jury heard medical evidence that DC Trapp suffered from a common knee problem which could cause pain and varying degrees of incapacity. He had obtained his law degree, with honours, and had returned to his police work, although not on front-line duties.

After the jury's acquittal verdicts, Sheriff Murphy said of the case: "It has cost the public several hundred thousand pounds. I have to say it has been one of the most disgraceful and vindictive prosecutions I have ever presided over.

"This case was pursued in the face of what was, even at the outset, conflicting medical evidence. Documents were obtained without warrants, and civilian witnesses used as evidential spies. All that was, in my view, wholly reprehensible."

After the case, DC Trapp, who still faces internal disciplinary proceedings, said: "I may have something to say in the future, but right now I have been advised not to."

The Crown Office and procurator-fiscal service said: "We utterly reject the suggestion that the Crown has brought a disgraceful and vindictive prosecution."