Hamilton Man commits contempt during trial

May 15 2008

A 34-YEAR-OLD man has been found guilty of contempt of court following the trial of Marion Lang and Wilson Bowman.

During the case, William Russell Jnr (34) — a builder who works for his father’s company Russell Construction in Hillhouse Industrial Estate, Hamilton — was called to give evidence against the pair.

Fiscal Depute Jim Leck read out a police statement which Russell had signed.

The statement related to an alleged incident on December 17, 2004.

It stated: “A women approached my dad about security. I recognised her as a woman called Marion Lang. She said she did all the security in the area. My dad told her no and said we have never needed security.

“She then pointed to a digger and said that would make a good fire. I saw this as a threat.”

However, when Mr Leck asked Russell about the statement, he repeatedly answered: “I don’t remember” and “no”.

He also failed to identify Marion Lang, who was sitting in court at the time.

Sheriff Marie Smart warned Russell on two occasions that his conduct was unacceptable and may be construed as a contempt of court.

But Russell continued to answer “don’t remember” and “no” to all questions, but insisted he was telling the truth.

Mr Leck continued reading Russell’s police statement saying: “The guy drove up to the site. He told my dad we had to sign an invoice. He said, we know where you f*****g stay and we will burn your f*****g house down.”

However, Russell said he did not remember making the statement to police.

As a result, the extortion charge which related to the incident was dropped by the Crown.

On Wednesday, May 7, Russell returned to Hamilton Sheriff Court accused of contempt of court.

His solicitor stated: “He (Russell) made efforts to answer all questions. Three years is a long time to recall one interview with police officers.

“This man simply cannot remember what he said to police.”

Sheriff Smart said: “I am not satisfied with your demeanour in court and the way you answered questions put to you in court.

“You were asked to tell the truth but you were feigning a loss of memory. I find you to have committed a contempt of court by prevarication.”

Sheriff Smart has called for background reports and adjourned the case until May 30.

The sheriff said she will consider a prison sentence as a punishment.