Police, who gave an innocent East Kilbride delvery driver a recorded warning after he was kicked in the head during an alleged road rage assault, have been ordered to invetigate the crime again.
Police Scotland received an official complaint from James McGoldrick for the way he was treated by officers after he called them for help in November 2021.
The 60-year-old was delivering a pizza to a property in East Kilbride when he was reportedly followed by another motorist, who cut him off earlier on a nearby road, reports the Daily Record.
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The dad-of-two claims the angry driver pushed him to the ground, repeatedly punched him and booted him in the head as he attempted to defend himself.
James was left traumatised after later being given a recorded police warning by the investigating officers, who claimed that “all the neighbours” said he’d been in a “stand up fight”.
But a new probe has been ordered after an internal review found that the alleged assault had not been properly investigated and a key witness not spoken to.
James, who is also a carer for his partner, said: “It’s been a long, drawn out process and I am glad that it’s now been proved that I’ve been telling the truth about being assaulted since the start.
"The stress and anxiety that this has caused is unbelievable because you know that you’ve been a victim but you’re being treated like a criminal.
“This is an organisation that you’re meant to put your trust and faith in and they just totally let me down. I deliver food to that address quite a lot so I asked them and they said the police hadn’t been to the house at all.
“I thought that was very strange if they were conducting an investigation and yet didn’t go to the house that it happened outside. It was like a red flag to me that something wasn’t right.
“Thankfully, the investigating sergeant listened to what I had to say and went to the house. If the police had done their jobs correctly to begin with, we wouldn’t be here all these months down the road.”
A letter from the force’s Professional Standards Department read: “With regard to your account of being followed, being blocked in, being punched whilst on the ground, on the balance of probabilities I find that an assault did occur and your allegation is upheld.
“I sincerely apologise on behalf of Police Scotland. I have communicated with senior management covering East Kilbride and recommended your assault is investigated as a matter of urgency.”
Addressing another part of James’ complaint, it added: “The available evidence demonstrates that Constable Campbell did not speak to the occupants of the address you were delivering to.
“While he states he attempted the door and received no reply, as the officer investigating the assault on you, he was responsible for carrying out diligent enquiries into the circumstances.
"On the balance of probabilities I uphold this allegation. I sincerely apologise and will ensure that the subject officer is provided with relevant learning and training advice by a supervisor.”
A Police Scotland spokesperson said: “We initially received a complaint in January 2022 in relation to the handling of a report made in November 2021. The complaints have been resolved and the outcome passed to the complainer.”
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