Page last updated at 15:33 GMT, Monday, 19 May 2008 16:33 UK

Cleared stripogram charged again

Stuart Kennedy
Stuart Kennedy said he was dressed in camouflage

A police stripogram cleared of charges faces court again after being arrested while dressed in soldier-style camouflage, BBC Scotland can reveal.

Stuart Kennedy was earlier cleared by a sheriff of having an offensive weapon in a public place, and appeal judges later backed the decision.

He said he was arrested again in Aberdeen's Belmont Street at the weekend before he was due to perform.

Mr Kennedy - known as Sgt Eros - now faces a breach of the peace charge.

He said he was wearing camouflage gear, a flak jacket and beret when detained at the weekend.

The Crown had earlier appealed against Mr Kennedy originally 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.

The Crown then decided that another trial would not proceed.

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

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

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.

A police spokesperson said: "Grampian Police can confirm that a 25-year-old man was reported to the procurator fiscal in connection with an alleged breach of the peace on Aberdeen's Belmont Street in the early hours of May 18."

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