Kirkcaldy man punched a nurse at Victoria Hospital

A Kirkcaldy man who punched a nurse at a Fife hospital and then pretended to fall asleep has been placed on a Restriction of Liberty Order for six months.

Monday, 25th October 2021, 2:07 pm

Kevin Whittaker, of St Clair Street, appeared before Sheriff Maryam Labaki at Kirkcaldy Sheriff Court.

Whittaker, 43, admitted that on May 25, 2020 at Victoria Hospital, Kirkcaldy he assaulted, obstructed or hindered a staff nurse and punched her on the body, contrary to the Emergency Workers (Scotland) Act 2005.

The Procurator Fiscal Depute told the court the accused had been taken to Victoria Hospital after being found unresponsive due to an overdose.

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The case called at Kirkcaldy Sheriff Court.

He said: “He was taken to A&E and was to be moved to an observation ward so staff could monitor his condition. He was unresponsive due to taking a high amount of drugs and alcohol. Staff attended and he appeared to be asleep despite being alert a short time before.

"A nurse decided to do a neurological test which was carried out to assess his condition by rubbing his left shoulder.

"The accused responded by swinging his left hand out and punching one of the nursing staff in the stomach. He was told this was not acceptable and he responded by pretending to be asleep. Police attended and the accused was cautioned and charged. He was discharged from hospital.”

Whittaker’s defence lawyer said his client was no stranger to court, mainly for crimes of dishonesty. He said: “He has little recollection of what happened but he is ashamed of his actions. To his credit, he has stayed out of trouble since this happened 17 months ago, there is nothing outstanding. He has been engaging with services – a custodial sentence could damage his recovery.”

Sheriff Maryam Labaki told Whittaker: “I’ve listened to what your solicitor has said on your behalf.

“You assaulted a nurse who was caring for you.

“This is an extremely serious matter as I’m sure you’re aware but you have shown remorse for your actions.”

Sheriff Labaki placed Whittaker on a six month Restriction of Liberty Order, banning him from leaving his home between 7pm and 7am.

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