Alan Heap (42) stood trial at Inverness Sheriff Court this week after two fellow officers complained about his actions, which included using a baton and CS gas, against drunk man Ewan MacWilliam.

Heap claims he acted in a reasonable manner and was forced to take action to control the situation because he was receiving no support from his colleagues.

The constable is accused of assaulting Mr MacWilliam and repeatedly slapping him on the face, a charge he denies.

The court heard how police constables Susan Walker and Blair Lawrie had been on patrol in Culloden around 9pm on 28th February last year when they came across 26-year-old Mr MacWilliam slumped in a bus stop in Keppoch Road.

The Cantraybridge gardening student had been drinking all day.

As the officers tried to get Mr MacWilliam to his feet, Heap, an authorised firearms officer with 13 years police experience, turned up to help.

The intention was to take Mr MacWilliam to Beechwood rehabilitation cventre but as they made their way to the police van, Mr MacWilliam tripped, dragging Heap to the floor.

Mr MacWilliam started to struggle and was handcuffed. However, he refused to get into in the van.

The court heard how attempts were made to get Mr MacWilliam into the vehicle, but he would not move.

PC Walker said Mr MacWilliam was "being difficult" and "tempers were getting frayed" while Heap recalled a man who was shouting, swearing and struggling.

It was at that point, PC Walker said Heap pushed Mr MacWilliam and slapped him twice on the face.

"It was pretty hard," she said. "I think he (Mr MacWilliam) said something along the lines of 'don't f***ing slap me'. He was starting to get quite upset and aggravated."

Asked by procurator fiscal Andrew Laing if this was normal practice, PC Walker, who had been an officer on the beat for 14 months when the incident happened, replied: "I didn't think it was normal."

PC Lawrie was standing behind Heap but said he saw him twice perform a swinging motion with his hand.

"From where I was, it appeared to be a strike," he said. "I recall him (Mr MacWilliam) saying 'stop hitting me'."

Several more attempts were made to get Mr MacWilliam into the vehicle, however, he started to lash out - kicking PC Walker in the process - and Heap took out his baton and struck Mr MacWilliam several times to his legs.

When that had no effect, Heap sprayed Mr MacWilliam in the face with CS gas.

The following day PC Walker and PC Lawrie, who had been on the beat for three months, reported the incident to Inspector Peter Wemyss.

"I wasn't happy with what had happened," PC Walker said. "I don't think he should have been batoned, sprayed or slapped."

PC Lawrie added the incident had shocked him.

"The striking - I didn't think that sort of thing happened," he said.

Inspector Wemyss told the court: "I was very much of the opinion that the matter amounted to a grossly excessive use of force by an officer."

Defence agent David Hunter argued Heap, who is based at Northern Constabulary headquarters, had been confronted by a man acting in a violent manner and a situation which required him to arrest the man and place handcuffs on him.

Heap told the court it was the first time he had used CS spray and only the second time a baton, something which he blamed on the lack of assistance from his colleagues.

Heap said he had been spat at by Mr MacWilliam and had reacted by using his hand to push the man's face to the side - a recognised and taught defensive technique.

When this did not work and Mr MacWilliam spat at Heap again, the PC repeated the action, however, rejected claims he had slapped him.

"It was intended as a fend off. It (a slap) would have served no purpose, it would have just aggravated him."

Mr MacWilliam appeared in court but said he could not remember what happened.

The case continues.

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