Appeal court judges yesterday dealt an embarrassing blow to the Crown Office when they ruled that a male stripper who dresses as a policeman was allowed to carry a truncheon.
They cleared Sergeant Eros - real name Stuart Kennedy - of possessing an offensive weapon, without even hearing his arguments, after a case that has costs tens of thousands of pounds of taxpayers' money.
The Aberdeen-based student has endured 17 court appearances, four arrests, and 41 hours in police custody as Grampian Police, fiscals, and the Crown Office pursued charges against him.
Mr Kennedy was on his way to an engagement in a pub in Aberdeen's Bon Accord Street in March last year when three female police officers saw him wearing his sergeant's uniform with the serial number "0069", and carrying a mock CS gas spray, a side-handle police baton, and a friction lock baton. The officers watched his act to make sure his stripogram claims were true.
He stood trial accused of having an offensive weapon in a public place "without a reasonable excuse", but the charge was thrown out by Sheriff Kenneth Stewart, who said Kennedy had co-operated with police and added: "There is no evidence at all which even hints at the suggestion that he had any intention of causing harm or injury to other persons."
The Crown Office then announced an appeal against the ruling. Judges at the Appeal Court in Edinburgh last week heard advocate depute Brian McConnachie, QC, argue that if the sheriff's ruling went unchallenged, it would create a legal loophole for others to carry weapons.
He insisted there was an important principle at stake. Criminals should not be allowed to flout the law on offensive weapons by claiming they were on the way to a fancy dress party. "We could have ninjas carrying nunchaka sticks or going as a ned carrying a flick knife," he said.
Neither Mr Kennedy nor his lawyers were at the hearing last week and protested that they had not had a chance to put their arguments.
Yesterday, they were expecting a new date to be set, but judges said there was no need because Mr Kennedy had won. Lord Johnston said he, together with Lord Reed and temporary judge Gordon Nicholson, QC, had already made up their minds.
"The opinion of the court is ready but has not been issued," said Lord Johnston. "But we are prepared to announce the Crown appeal will fail and reasons will be given in due course, so no harm has been done."
Mr Kennedy, of Aberdeen, said last night: "It is a waste of public money. It says a lot about the police case that we won it without a single word being said in our defence."
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