CS gas man fined

Nov 12 2009 by Alistair Watson, West Lothian Courier

A MAN who was found with CS spray in his house has been fined.

Police were called to Robert Robertson’s home shortly after 10pm on November 29 last year in relation to another matter.

Fiscal depute Danielle Clarke told Livingston Sheriff Court the officers had cause to search his address in Norwood Avenue, Whitburn.

Ms Clarke added: “During the search CS spray was found.

“He said he bought it from the street for £5 and that there was only a tiny bit left in it.

“He told officers he had bought it a couple of years ago and it had just sat in his cupboard since.”

Last week at the court Robertson, 26, pleaded guilty to having the prohibited weapon in his possession.

His lawyer, Peter Mullin, told the court his client had put the CS spray on top of his cupboard and forgot about it.

Mr Mullin added: “He had simply forgotten it was there. It had been in his house for a number of years gathering dust on top of his wardrobe.

“He felt he had nothing to hide and that is why he let the police search his house as he had simply forgotten about the item.

“On the face of the charge it is a very serious matter but the purchasing, which the court will be most concerned about, took place several years ago.

“It had never been used or activated.”

Fining Robertson £270 for the offence Sheriff Donald Muirhead said: “Quite understandably there is a law against having any firearms, including CS gas, which is a dangerous material.

“However, this is towards the lower end of the scale.

“Of course you should not have had it in the first place so I am going to fine you.

“I want to bring home to you that this is a serious matter and carries a six-month sentence and if you were found with this item in the future it will be a very different matter.”