Hero who held two boys over snowball is cleared by sheriff

Published on Monday 20 October 2008 22:22

A FATHER once commended by police for his bravery was yesterday cleared of assault, after he detained two teenagers he accused of throwing a snowball at his home.

Paul Murray was sent to trial at Glasgow Sheriff Court charged with assault and breach of the peace after keeping two boys aged 13 and 14 at his house as he waited for police to arrive.

But he was acquitted by a sheriff who said there was not enough evidence against him.

During the two-day trial, the court heard how Mr Murray, 53, went outdoors to find the culprits after a snowball hit a stained glass window in his Bishopbriggs bungalow on 3 March.

But it was he who ended up being charged after the boys complained they had been attacked.

Mr Murray, who was rewarded for bravery in 2001 after he helped a police officer tackle a violent man, walked from court after Sheriff Colin McClory said the case against him had "not come up to the mark".

He looked relieved as he left court, and said: "I am glad with the decision."

The trial heard Mr Murray, a distribution manager, had been working at home when he became of aware of a snowball hitting the window. He thought the window had smashed and confronted the two schoolboys.

The 13 year-old claimed in evidence that an "angry" Mr Murray had grabbed him by the throat, marched him towards his house and "threw" him inside.

The older boy told the court he had wanted to stay with his friend and that Mr Murray also pushed him indoors.

Mr Murray called the police, who arrived and eventually took the boys back to school. Officers returned to Mr Murray's home the next day and charged him.

He told the court:

"I told (the boys] that they were to stay put until the police came. There were verbals from the two lads.

"They were to come into the home. I did not want a scene in the street. One of the boys was inciting the other to 'crack' me or something similar."

He denied he had been "angry" and refuted claims the boys had been frightened.

Sheriff McClory said: "The onus is on the Crown to prove the case beyond reasonable doubt, but it has not come up to the mark. You are entitled to this benefit of doubt and I find you not guilty."

Richard Baker, MSP, Scottish Labour's justice spokesman, described the case as "bizarre" and said: "It is questionable whether this case was the best use of the court's time.

"Surely the priority must be for the police to focus on tackling antisocial behaviour.

"This sort of thing happens because people get to their wits' end after restraining people who have subjected them to antisocial behaviour.

"This case shows we need to redouble our efforts to support communities who have to deal with antisocial behaviour on a daily basis."