Man sat on sheriff in assault outside Banff court, trial told

A sheriff has told how a man sat on top of him during a "citizen's arrest" outside a court in Aberdeenshire.

Robert McDonald, 67, said he was confronted after getting out his car to start work at Banff Sheriff Court.

Sheriff McDonald recalled being wrestled to the ground by Philip Mitchell, 60, who he said called him "corrupt".

Mr Mitchell is on trial at the High Court in Glasgow. He denies assault and abduction.

He is charged along with William Curtis, 70, over the incident in St Mary's car park in Banff.

Jurors watched what appeared to be mobile phone footage from the morning of 29 June 2021.

Sheriff McDonald - who has presided in Banff for almost five years - recalled getting out his vehicle when men appeared.

The court heard that Mr Mitchell said: "You are Sheriff Robert McDonald and I am here to make a citizen's arrest."

The sheriff told jurors: "I think he grabbed my upper arm. I certainly could not get past him.

"I tried to break free, but Mr Mitchell wrestled me to the ground and then sat on top of me. I was flat on my back and Mr Mitchell was astride me. He was literally sitting across my waist."

The sheriff said Mr Mitchell accused him of running a "corrupt or kangaroo court".

The incident came to an end after several minutes when police arrived on the scene.

Sheriff McDonald said he was "totally bemused" by what happened having previously ruled in Mr Mitchell's favour in a civil case.

Mr Mitchell is representing himself at the trial.

He said to the witness: "I declared from the outset that I was making a citizen's arrest and identified myself."

Sheriff McDonald replied: "I said that you were assaulting me because you had no grounds to do that."

Co-accused, William Curtis, is also alleged to have made threatening remarks about First Minister Nicola Sturgeon and former MSP Stewart Stevenson.

Not guilty pleas have been lodged for both. The trial, before judge Lord Weir, continues.