Page last updated at 15:49 GMT, Friday, 9 May 2008 16:49 UK

Police stripogram charges dropped

Stuart Kennedy dressed in police uniform
Stripogram Stuart Kennedy's stage name is Sgt Eros

A further trial of a police stripogram earlier cleared of having an offensive weapon will not proceed, the BBC Scotland news website can reveal.

Stuart Kennedy was charged after his act drew the attention of Grampian Police officers on different occasions.

Charges of having an offensive weapon in a public place without a reasonable excuse were thrown out by a sheriff, and appeal judges backed the decision.

The Crown Office said another trial, due for Monday, would not now proceed.

A Crown Office spokesman said: "Following the decision by the Criminal Court of Appeal, we have concluded that no further proceedings should be taken."

'Silly prosecution'

The Crown had appealed against Mr Kennedy being cleared, but judges at the Justiciary Appeal Court in Edinburgh backed the sheriff, saying the police stripogram's truncheon was not an offensive weapon.

Mr Kennedy - who works as Sgt Eros - welcomed the news and said: "I am happy I will not have to go to court.

"It was a silly prosecution. I am still furious it came to this stage."

Mr Kennedy was questioned and later charged by Grampian Police after performing at a bar in Aberdeen last year.

A charge of impersonating a police officer was later dropped by prosecutors.

Mr Kennedy went on trial at Aberdeen Sheriff Court accused of carrying two batons and a spray without lawful authority.

Legal loophole

However, Sheriff Kenneth Stewart said: "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 that Mr Kennedy's stripogram work did amount to a reasonable excuse.

Advocate depute Brian McConnachie QC, for the Crown, had argued that if Sheriff Stewart's ruling went unchallenged it could create a legal loophole for carrying weapons.

Monday's trial which will not now proceed related to an incident at a social event at Oldmeldrum.

It is understood another set of charges relating to another incident are still under consideration.


SEE ALSO
Stripper's weapon 'not offensive'
25 Apr 08 |  North East/N Isles
Crown to appeal stripper ruling
13 Dec 07 |  North East/N Isles
Police stripogram student cleared
04 Dec 07 |  North East/N Isles
Police stripogram goes on trial
30 Nov 07 |  North East/N Isles
Police uniform stripper charged
26 Apr 07 |  North East/N Isles

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