A Perthshire police officer, Martyn Kelly, 37, has been found not proven on two counts of sexual assault following an incident at the Loft nightclub on South Street in Perth on November 11, 2023. Sheriff Jennifer Bain KC delivered the verdict at Perth Sheriff Court after hearing two days of evidence. While the Sheriff cleared PC Kelly, she expressed reservations about his testimony, describing it as “incredible and unreliable” in several aspects.
The officer was accused of touching a woman inappropriately on the dancefloor and later, on the same night, of slapping and grabbing a man’s buttocks. The female complainant testified in February, recounting how she felt “completely violated” and short of breath after the alleged assault. PC Kelly vehemently denied both allegations during his trial, insisting that such behavior was contrary to his nature, particularly as a serving police officer, and stated his sexual orientation as a factor in his defence. Sheriff Expresses Concerns
Sheriff Bain KC, while acknowledging the seriousness of the accusations and expressing her doubts about PC Kelly’s testimony, stated that the prosecution hadn’t conclusively proven his guilt beyond a reasonable doubt. She stressed that her concerns about the officer’s evidence were significant, especially given his professional role within the community. “It is concerning given your role as a police officer”, the sheriff remarked directly to PC Kelly.
The officer had claimed during his trial that he was “probably the most sober” person at the Loft nightclub that evening, having consumed only four or five vodkas due to driving responsibilities the next day. He recalled a confrontation with the female complainant, where she accused him of touching her inappropriately, and said he’d been confused and responded by telling her to calm down. He apologised to the court for this reaction. CCTV Footage Examined
The court reviewed CCTV footage from inside the busy nightclub, as well as from outside the premises, where PC Kelly was seen talking to a member of the door staff. PC Kelly explained he was protesting his innocence to the staff member, reiterating his position as a police officer and emphasizing his sexual orientation. He maintained the footage also demonstrated he wasn’t near the female complainant at the time of the alleged incident.
The officer admitted to sending a text message to a friend after the accusations surfaced, asking “Have I f***ed my job?” He expressed anxiety about the potential impact of false accusations on his career and life, referencing colleagues who had lost their jobs following allegations alone. He acknowledged he might have handled the initial interaction better but stood firm in his denial of the charges, reinforcing the impact the accusations had on him.
The prosecution, led by Stuart Hamilton, highlighted the seeming improbability of two separate sexual assault allegations being levelled against the same person on the same night in the same place. However, the sheriff’s verdict of not proven ultimately led to PC Kelly’s acquittal, and he was free to leave the court.
The officer was accused of touching a woman inappropriately on the dancefloor and later, on the same night, of slapping and grabbing a man’s buttocks. The female complainant testified in February, recounting how she felt “completely violated” and short of breath after the alleged assault. PC Kelly vehemently denied both allegations during his trial, insisting that such behavior was contrary to his nature, particularly as a serving police officer, and stated his sexual orientation as a factor in his defence. Sheriff Expresses Concerns
Sheriff Bain KC, while acknowledging the seriousness of the accusations and expressing her doubts about PC Kelly’s testimony, stated that the prosecution hadn’t conclusively proven his guilt beyond a reasonable doubt. She stressed that her concerns about the officer’s evidence were significant, especially given his professional role within the community. “It is concerning given your role as a police officer”, the sheriff remarked directly to PC Kelly.
The officer had claimed during his trial that he was “probably the most sober” person at the Loft nightclub that evening, having consumed only four or five vodkas due to driving responsibilities the next day. He recalled a confrontation with the female complainant, where she accused him of touching her inappropriately, and said he’d been confused and responded by telling her to calm down. He apologised to the court for this reaction. CCTV Footage Examined
The court reviewed CCTV footage from inside the busy nightclub, as well as from outside the premises, where PC Kelly was seen talking to a member of the door staff. PC Kelly explained he was protesting his innocence to the staff member, reiterating his position as a police officer and emphasizing his sexual orientation. He maintained the footage also demonstrated he wasn’t near the female complainant at the time of the alleged incident.
The officer admitted to sending a text message to a friend after the accusations surfaced, asking “Have I f***ed my job?” He expressed anxiety about the potential impact of false accusations on his career and life, referencing colleagues who had lost their jobs following allegations alone. He acknowledged he might have handled the initial interaction better but stood firm in his denial of the charges, reinforcing the impact the accusations had on him.
The prosecution, led by Stuart Hamilton, highlighted the seeming improbability of two separate sexual assault allegations being levelled against the same person on the same night in the same place. However, the sheriff’s verdict of not proven ultimately led to PC Kelly’s acquittal, and he was free to leave the court.