Falkirk police officer escapes jail after breaking leg of offender hiding in Bainsford loft

PC Kevin Harrington, whose career with Police Scotland is hanging in the balance after being found guilty of assault causing severe injury to the man, was told by a sheriff that custody would have been "in the court's discretion".

Sheriff Craig Harris said an alternative was appropriate, however, and sentenced Harrington to 140 hours unpaid work.

Harrington, 52, was one of several officers called to an address in Bainsford after a report that the man was in the area in breach of bail conditions.

He found Darren Jarvie, 38, lying between the joists of his girlfriend's pitch-dark loft, hiding under the insulation and refusing to come out.

After a summary trial spread out over nine months that ended in November last year, Sheriff Harris found that Harrington, an officer with 13 years service, had struck him three times on the legs with his baton. Sentence was deferred until today (Thursday) for reports.

Mr Jarvie received an open wound and a fractured shin bone. He spent three days in hospital and weeks in plaster.

Sheriff Harris, who heard from witnesses including Jarvie, his girlfriend, other officers, and experts, rejected a claim by Harrington that he had "seen something glint in the torchlight" and thought Jarvie had a knife.

No such knife was ever found, but the sheriff said the environment in the attic was understandably tense and stressful.

He said Harrington's actions were "consistent with an attempt to obtain compliance rather than disarm".

He said: "The repeated baton strikes amounted to excessive force. They were born of frustration and momentary loss of temper."

Harrington's solicitor, Pamela Rodgers, told an earlier hearing: "His career is hanging in the balance. If he is convicted, in all likelihood dismissal will be the outcome."

She said today that the court process itself had been a form of punishment, and Harrington had been subject to suicidal thoughts.

An assessment found he was suffering from "adjustment disorder".

Sherrif Harris said: "The circumstances here are that the accused, faced with an individual who he was entitled to arrest, but who was offering no violent resistance, struck him three times with a baton.

"He did so because he was frustrated with his failure to comply with verbal instructions.

"The complainer had a fracture to his shin, was hospitalised, and was in a cast for weeks.

"Police officers are issued with batons, sprays and handcuffs in the expectation that they will use them responsibly and in accordance with their training. He did not."

He noted, however, that references had spoken of Harrington "in glowing terms" and he was described as "genuinely remorseful".

Harrington, based at Falkirk, had pleaded not guilty to assaulting and severely injuring Mr Jarvie, in the incident in the early hours of May 9, 2021 at Mr Jarvie's partner's house in Carronside Street, Bainsford, by repeatedly striking him with his baton.

Falkirk Sheriff Court heard that Harrington had been heard to shout "out, out, out" at Mr Jarvie in the attic, with a "whacking" noise accompanying each shout.

Mr Jarvie had to be brought to court in handcuffs and was flanked in the witness box by two security guards as he was in prison when he gave evidence.

The court heard he was "known to be violent", had previous convictions for drug offences and resisting police, and intelligence markers on the police national computer for weapons.

Mr Jarvie said he had hidden in the loft as he knew he was in breach of bail.

He said: "There were three officers in the attic. PC Harrington lifted the insulation off me. He was shouting 'come out, come out' but he had already drawn his baton and started tearing into my legs at the same time, so I never got the chance.

"I actually thought he'd shattered my legs."

Prosecutor Katherine Fraser said: "In a civilised society it cannot be acceptable for a police officer to repeatedly strike a member of the public because he won't come out of a hiding place because of a breach of bail offence."

The court heard Harrington's final fate as a police officer would now depend on an internal inquiry.

After the case a Police Scotland spokeswoman said: "We are aware of the outcome in court. The circumstances will now be considered by our Professional Standards Department."