Police officer in charge of assault case admits affair with victim

PC Stuart Johnstone admitted sleeping with Nicola Hughes shortly before they both gave evidence in an assault trial against her ex-boyfriend, Aaron Kyle.

The community police officer was recalled to court yesterday along with Ms Hughes.

Both admitted beginning a relationship shortly after meeting for the first time when PC Johnstone turned up at the couple's home to investigate the assault allegation.

He told Perth Sheriff Court that he and Ms Hughes began having an affair a few weeks later and before the case had come to court for Kyle's trial.

PC Johnstone, who had recently joined Tayside Police from Strathclyde Police, admitted conducting the relationship in the home Kyle had shared with Ms Hughes.

He said he was not concerned about getting involved with a witness in an ongoing criminal investigation and insisted it had not affected the evidence he gave against Kyle.

Solicitor David Holmes, defending Kyle, asked: "Did you become involved in a relationship with Nicola Hughes?"

PC Johnstone replied: "Yes. Around December last year." He added that the relationship last for about a month and finished in January this year.

"Until I was contacted by senior officers at my place of work I thought this case was over and then I realised it wasn't. I thought any contact (with Ms Hughes] would not have been advisable at that time.

"I certainly didn't discuss the evidence," the officer said. "The only conversation I recalled was that she was very concerned about giving evidence.

"She knew I wasn't able to discuss the case but I wanted to reassure her that it wasn't the monster she had created in her head. She expressed anxiety."

Mr Holmes asked: "Were you concerned about being involved with a witness?" PC Johnstone replied: "No. It was entirely irrelevant. It was over by the time I gave evidence."

Mr Holmes: "Could you have been influenced in your perception of the investigation by some feelings you had for Miss Hughes?"

PC Johnstone said: "No."

He and Ms Hughes both said they had not told the court, when they first gave evidence in February, that they had been involved in a relationship - because no-one had asked them.

Ms Hughes told the court yesterday that since the affair came to light she had been questioned by the procurator fiscal and admitted it was true.

She said PC Johnstone was the officer who served the witness citation on her at her former home in Scotlandwell. Their relationship began within days of his visit.

"We didn't know each other prior to the incident happening.It was purely our personal life and not related to the incident," she said, adding that PC Johnstone told her "it wouldn't be a problem".

She said: "PC Johnstone didn't have any influence or impact on what I said in my evidence.

"It was just what happened that night."

Summing-up, fiscal depute Charmaine Cole said "a lot had been made of the relationship" but added that "both had been frank and open about their relationship" when directly asked.

She said both were adamant that their conduct had no bearing on the evidence they gave against Kyle and she asked Sheriff Michael Fletcher to find him guilty.

"Obviously it is problematic that it wasn't disclosed at first," Ms Cole said. "It would have been better if we had known at the outset. We had to address whether justice was being seen to be done."

Mr Holmes had asked the court to throw the case out in light of the relationship, but Kyle, 25, now of Fairdene, Leslie Road, Scotlandwell, was found guilty of assaulting Ms Hughes by headbutting her to the nose and forehead to her injury on 30 October.

A Tayside Police spokesman confirmed that a disciplinary hearing would take place.