A CIVIL servant has told a tribunal that she was held down and tied to a chair for reporting that a colleague threw a punch at another member of staff.

Former Marine Scotland worker DeeAnn Fitzpatrick said she blew the whistle when she witnessed the dispute between a male and a female in September 2010, which ended with the man swinging a punch at the back of the woman’s head.

Her report led to the employee being suspended and investigated along with a senior staff member who she claimed said “make sure [the punch] is a good one”.

The Canadian national, who worked in the government body’s Scrabster office, claimed she was then assaulted just a few months later in December and was taped to a chair and gagged.

The fisheries worker said she was told that this was to “shut her up for speaking about the boys”.

An infamous photograph of the incident, which went viral some years later, prompted a national outcry and an investigation by the Scottish Government.

However, the probe found Ms Fitzpatrick had lied about the timing and nature of the incident, which was described as “high jinks”, and she was dismissed for gross misconduct.

She is now pursuing an employment tribunal for unfair dismissal and seeking to be reinstated by Marine Scotland. She also claims she was dismissed because she blew the whistle.

Giving evidence at the hearing, Ms Fitzpatrick said there was a culture of bullying within the office, with colleagues calling her a “f***ing retard” and a “troll”, as well as using inappropriate nicknames for other female staff members.

On one occasion when she attended work in September 2010, she said there was tension within the office between employees Alison Sutherland and Peter Fenwick.

Ms Fitzpatrick said: “As Alison turned to walk out of the office, Pete got up behind her and as she was walking out he threw a punch at the back of her head.

“Alison continued on out of the office and Pete said ‘I just want to punch her in the f***ing face’.”

She said Derek Yuille, a senior fishery officer, then said “make sure it’s a good one”.

Ms Fitzpatrick reported the incident to her trade union representative and the information was passed on to the organisation’s HR department.

The two men were suspended pending an investigation and Ms Fitzpatrick claimed others in the office asked her several times who had reported them.

She said that things came to a head in December 2010, when workers Reid Anderson and Jody Pasque assaulted her in the office.

“As I was sat down, Reid and Jody came into the office and Reid went to my left hand side, and I saw Jody had a roll of parcel tape.” she said.

“I said ‘what are you pair up to’ and then Reid bear hugged me in the chair and I immediately knew what was going to happen.

“Jody then started to get my legs to try to tape my feet, I tried to kick Jody, and he pressed against my legs to stop me from kicking and he taped my legs, and then he taped my arms.”

She said she was yelling at them to stop and Mr Anderson placed some of the tape over her mouth.

Ms Fitzpatrick told the tribunal that Mr Anderson then said "well that will shut you up for speaking about the boys" and he then left the room.

Mr Pasque is said to have cut the tape off and admitted that they had gone “too far”.

She added that Mr Pasque took the photograph of her tied up on Mr Anderson’s mobile phone.

Employment judge Alexander Kemp put it to Ms Fitzpatrick that statements from her colleagues suggested that she had been present when colleagues joked about the picture afterwards and had been “involved in the lighthearted nature of that discussion”.

Ms Fitzpatrick responded: “That’s not true.”

The tribunal also earlier heard from a digital forensic expert who said he was 100 per cent certain that the photograph was taken much earlier in August 2009 – before she blew the whistle.

The judge asked her what she would like to say about that and she replied: “I don’t agree with that. I was the one taped to the chair, I know when it happened.”

She added that she has her own digital expert who will provide further evidence on this point.

Solicitor Andrew Gibson also put it to Ms Fitzpatrick that there was very little mention of the chair incident in the years afterwards, despite her raising other concerns about bullying and misogyny, until she “blurted it out” in a previous employment tribunal in 2017.

He said: “It is utterly astounding given what you’ve been saying about this incident, that it has not been the front and centre of your entire interactions with HR, Marine Scotland managers and the PCS union during the seven years up to 2017.

“The reason of course is that the incident didn’t happen on the 16th December 2010, it happened on the 10th August 2009 in entirely different circumstances, yes?"

She replied: “No.”

Mr Gibson also put it to her that on looking at the photograph, it is clear from her eyes that she’s actually smiling and would have easily been able to stop herself being taped up if she had struggled.

Ms Fitzpatrick rejected this.

Mr Gibson added: “Just tell the truth. I know it’s difficult, you’ve come this far with it, but please do us all a favour and tell the truth about this.”

She replied: “Mr Gibson, two men did that to me. Jody Pasque is 6ft something and Reid Anderson is nearly the same.

“I was only about 120lbs at that time.”

The tribunal continues.