Case against Labour MP accused of kicking indy ref campaigner not proven
A sheriff has blasted the prosecution of an MP who has been cleared of kicking a Yes campaigner on the shin on the day of the independence referendum.
The case against 69 year old Marie Rimmer has been found not proven of assaulting Patricia McLeish, 52, outside Shettleston Community Centre on September 18, 2014.
She claimed Rimmer spoke to her aggressively before kicking her on the shin and smirking.
The summary trial at Glasgow Sheriff Court began in April this year, for the second time, against the Labour MP for St Helen’s and Whiston, Merseyside.
Sheriff Kenneth Hogg said: “In my judgement both parties engaged in a heated dispute on the pretense of some mature political discussion.”
He said he was “astonished” at some of the evidence that came out saying: “I can’t really understand what the city of Liverpool in the 1980s had to do with the future of Scotland in the 21st century.”
The court heard the police had a “zero tolerance” policy on that day and the sheriff slammed the lack of discretion given to officers who received the complaint.
He said: “It’s with disappointment I note that privilege no longer seems available to the police.
“Had it been the case, in very simple sporting terms, the issue of a yellow card would have been eminently preferable to a straight red.”
Speaking after the verdict yesterday Mrs Rimmer said: “I’m delighted to have been acquitted by the sheriff today and would like to thank my legal team, and the Labour Party and the people of St Helen’s and Whiston for their support during these last two years and one month.
“I would like to echo the sheriff’s comment that this should not have been prosecuted in this way and I look forward to getting back to my constituency and doing the job I have been elected to do.
“I am absolutely delighted, drained, but delighted.”
Asked how she felt coming to Scotland to face the charges she said: “That’s the law. I was charged. It’s a matter of going along with the law, I had to come to court.
“It’s the seventh time, twice for a couple of nights. And, me time away from the House of Commons. I only got elected last year and it’s very difficult going in with this charge hanging over my neck.”
Last August Mrs Rimmer went on trial but it was thrown out midway through Miss McLeish’s evidence after an apparent Crown blunder.
The sheriff noticed the word “Glasgow” had not been listed on the charge.
This lead him to question whether there was the proper “jurisdiction” for the case to continue and it was thrown out.
In evidence Miss McLeish said she was outside the centre handing out leaflets and Rimmer was there doing the same for the Better Together campaign.
She claimed Mrs Rimmer “invaded her personal space”.
She told the court: “I thought it was odd, I thought it was quite intimidating behaviour for somebody to do, you don’t expect that at a polling station, you don’t expect that anywhere, in fact, you don’t expect that from an adult.”
The court heard Mrs Rimmer and Miss McLeish had a disagreement about Liverpool councils in the 1980’s.
Miss McLeish said that a short time later she gave somebody a leaflet and Rimmer “came in to her face again” and assaulted her.
She told fiscal Adele McDonald: “Never said anything again, just in to my face but this time she kicked me.”
The witness told the court: “It was definitely deliberate.”
Mrs Rimmer also gave evidence and denied any assault or any physical contact with Miss McLeish.
She alleged Miss McLeish used the phrase “red Tories” and was “very angry and very hostile”.
The court heard Miss McLeish screamed “I’m not a nationalist, I’m a socialist, I’m solidarity” and dropped her bag and showed off a Socialist T-shirt.
Mrs Rimmer claimed Miss McLeish took a few steps towards her during a discussion before turning and walking away.
She said: “Then she suddenly turned round and said ‘you just kicked me’. I was in shock, I said ‘I never touched you’.”
She said the police arrived and spoke to her but she wasn’t cautioned and charged at that time although was later spoken to again.
Mrs Rimmer said the officer later told her “I have been instructed to arrest you” and she was taken to London Road police station before being released after 10pm.
It was put to her that she was the one who was the aggressor and that she did kick Miss McLeish.
Mrs Rimmer said: “I wasn’t aggressive, anything but. If anyone was aggressive it was Miss McLeish towards me.”