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Hibernian striker Garry O'Connor 'gave false name' | Hibernian striker Garry O'Connor 'gave false name' |
(40 minutes later) | |
A Scotland football international gave a false name to police who questioned him over drugs but misspelled it and then ran away, a court has been told. | A Scotland football international gave a false name to police who questioned him over drugs but misspelled it and then ran away, a court has been told. |
Edinburgh Sheriff Court heard Hibernian striker Garry O'Connor had been spotted holding a piece of paper to his nose in the back of a Land Rover. | |
It was said Mr O'Connor had given his name as "Johnston" and run off after starting to spell it as "J..O..S". | |
He denies possessing cocaine in three locations in Edinburgh. | |
He further denies obstructing police. | He further denies obstructing police. |
The striker was caught after he ran about 300m from the officers, and was found shaking and "out of breath," a constable said while giving evidence to the trial. | |
PC Andrew Morrow said he had been on patrol in George Street in the capital on the night of 14 May 2011. | |
He said he had seen a man holding a rolled piece of paper to his nose in the back of a white Land Rover. | |
The police officer said: "There were four persons in the vehicle. A male was putting a piece of paper towards his nose." | The police officer said: "There were four persons in the vehicle. A male was putting a piece of paper towards his nose." |
The officer then opened the door to the Land Rover, which was parked in Hope Street Lane. | The officer then opened the door to the Land Rover, which was parked in Hope Street Lane. |
He said: "At that time I believed the male was snorting cocaine or something along those lines." | He said: "At that time I believed the male was snorting cocaine or something along those lines." |
The man, whom he identified as Mr O'Connor, appeared "nervous and distracted", he said. | |
PC Morrow said he had seen a bag containing white powder and a rolled-up £20 note in the middle of the back seat of the car. | |
After speaking to another man in the car, he then chased Mr O'Connor a distance of around 300m towards Rose Street. | |
The player was stopped by another police officer. | The player was stopped by another police officer. |
"He was very nervous-looking, he was out of breath, he appeared to be shaking," PC Morrow recalled. | |
Another officer, PC Katherine Eager, said she had spoken to Mr O'Connor while he was sitting in the Land Rover. | Another officer, PC Katherine Eager, said she had spoken to Mr O'Connor while he was sitting in the Land Rover. |
She said Mr O'Connor had initially tried to give a false name, but fled after spelling it wrongly. | |
When fiscal depute Ian Wallace asked PC Eager what the footballer had initially said his name was, she said he had given the name "Johnston". | |
White powder | White powder |
She continued: "I asked him how it was spelt, he replied J..O..S, then didn't finish. | She continued: "I asked him how it was spelt, he replied J..O..S, then didn't finish. |
"I asked: 'Come on what's really your surname?' I could smell alcohol on his breath." | |
When Mr O'Connor brushed past them and ran away, the two officers gave chase and found a bag containing a white powder when they searched Mr O'Connor's trouser pocket. | |
Mr O'Connor is said by police to have said words to the effect "that was put there" when officers found the bag. | Mr O'Connor is said by police to have said words to the effect "that was put there" when officers found the bag. |
The footballer was arrested and taken to St Leonard's police station, where another bag of white powder was found in another trouser pocket. | The footballer was arrested and taken to St Leonard's police station, where another bag of white powder was found in another trouser pocket. |
He was strip-searched, and subsequent tests showed the bags taken from Mr O'Connor contained cocaine, the police officers said. | |
Mr Wallace asked PC Eager: "The items tested negative initially, but ultimately tested positive for cocaine?" | Mr Wallace asked PC Eager: "The items tested negative initially, but ultimately tested positive for cocaine?" |
She replied: "Yes." | She replied: "Yes." |
Mr O'Connor's defence agent, Liam O'Donnell, said his client's arrest was unlawful as police had not detained him before he ran away. | Mr O'Connor's defence agent, Liam O'Donnell, said his client's arrest was unlawful as police had not detained him before he ran away. |
The evidence against the 29-year-old could, therefore, not be led, he argued. | The evidence against the 29-year-old could, therefore, not be led, he argued. |
"He had every right to run away," Mr O'Donnell said. | "He had every right to run away," Mr O'Donnell said. |
He added: "He was neither detained nor arrested under any of the available powers and as such he was entitled to run away. He was under no compulsion to stay with the officers." | He added: "He was neither detained nor arrested under any of the available powers and as such he was entitled to run away. He was under no compulsion to stay with the officers." |
Mr O'Donnell continued: "If he's arrested for something he's entitled to do then it was unlawful and cannot be admitted." | Mr O'Donnell continued: "If he's arrested for something he's entitled to do then it was unlawful and cannot be admitted." |
The case, before Sheriff Derek McIntyre, is due to continue later this week. | The case, before Sheriff Derek McIntyre, is due to continue later this week. |
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