'Shocked' judge swore at police

Judge David Messenger is accused of being drunk and disorderly

A county court judge has told magistrates he swore at police during a row in a kebab shop because he was "shocked and frightened" at being marched out to their van.

Solicitor David Messenger, 49, told Selby Magistrates' Court he was trying to help a client who was involved in a dispute at Best Kebab, St Thomas's Street, Scarborough.

The court heard how two police officers arrested him on 2 May after he refused to leave the kitchen of the takeaway where they were attending an incident.

Judge Messenger, of Valley Bridge Parade, Scarborough, denies being drunk and disorderly, two charges of wilfully obstructing police officers and another of causing criminal damage to a police cell button.

The deputy district judge admitted on Wednesday that he swore at the police officers, but said the language he used was in common use.

I wasn't drunk - I tried to help and wasn't given the chance to do so David Messenger

Judge Messenger told magistrates: "I'm sure the officers would have heard that and worse before. It was because I was shocked and frightened."

He denied claims that he was drunk on the night, saying he came into the shop for some chicken after drinking four or five pints of beer over four hours.

Judge Messenger said he was acting for the owner, Ozzy, in a dispute over the shop's ownership and wanted to find out what was going on.

He said: "I wasn't drunk. I tried to help and wasn't given the chance to do so.

"The first thing they [the police officers] said was 'Who are you?' and the next thing I was being dragged out of the shop."

Asked for chief constable

Judge Messenger agreed he told the officers it was an "unlawful arrest and it would be worth £5,000".

He told the court he believed he was being taken into custody "without just cause".

Judge Messenger added this was why he refused to give his address at the police station.

He also admitted making "personal comments" about the custody sergeant Tim Metcalfe, banging on his cell door and asking for the chief constable of North Yorkshire to be informed of his arrest.

Bent bell cover

But he denied saying: "I'm not one of the scumbags who come through custody in their thousands."

Judge Messenger told magistrates he had bent back the cover of the cell alarm button to check its wiring.

He said: "In view of the fact I'd been trying to get attention for quite a while, I suspected it hadn't been working."

The trial continues.