A POLICE officer who was badly hurt and "feared for her life" in an incident that led to the death of a man in police custody is currently too ill to stand trial on data protection charges.
Constable Nicole Short was among the officers called out to arrest Sheku Bayoh, 31, in Kirkcaldy, Fife, in May this year. The 31-year-old died after a struggle with police.
His death led to to the establishment of the Justice for Sheku Bayoh family with his family and supporters demanding answers over the tragedy.
Constable Short had been due to appear at the town's sheriff court on August 19 accused of illegally accessing information on the police computer system.
The officer suffered "significant" injuries during the incident that led to the Mr Bayou's death, according to the Scottish Police Federation.
A pre-trial hearing was due to be held next week in the officer's unrelated case, in which she faces three data protection charges.
Her lawyers had a motion accepted for the trial to be postponed in the court.
The court was told by her defence solicitor Ross Cameron that Constable Short had been involved in an "incident in Kirkcaldy" that had led to a "complicated medical state".
He said: "She maintains her plea of not guilty and her attendance is excused.
"I have a motion to discharge the trial date for August 19.
"This will not be opposed by the Crown.
"Quite simply, she is currently not fit for trial due to a complicated medical state following on from an incident in Kirkcaldy.
"She is seeking assistance from various medical professionals.
"She is due to meet a clinical psychologist next week for him to complete a report.
"That is to be discussed with the Crown for future consideration."
The move to postpone the trial was not opposed by the Crown.
Constable Short, 29, of Glenrothes, Fife, has pleaded not guilty on summary complaint to three charges under the Data Protection Act.
She is accused of accessing confidential information on the Police Scotland computer system in October 2012.
PC Nicole Short is accused of obtaining personal data relating to two men from Fife Constabulary's Crimefile system and the Scottish Intelligence Database for non-policing purposes in a separate incident.
Sheriff Alistair Thornton said: "In all the circumstances I will grant the motion to discharge the intermediate diet and trial diet and ask for new dates to be set."
PC Short will now stand trial on December 21, but has been excused from attending a pre-trial hearing.
In a statement released after Sheku Bayoh's death, Professor Peter Watson, a Scottish Police Federation legal advisor said: "The officer injured remains off work, has had several hospital visits and is now in rehabilitation.
"An examination by a leading consultant confirms her injuries were significant. The injuries have been documented and photographed."
Mr Bayoh, 31, collapsed and died after being restrained by several officers who were following up reports of a suspect wielding a knife.
The case is being investigated by the Police Investigations & Review Commissioner (pirc), but calls have been made for a review of its powers in the wake of the death.
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