A care-home worker was acquitted of stealing money from an elderly woman because the police “bullied” her in the lead-up to her interview.

Heather Wing, 45, was charged with stealing £4,000 from Jean Law, a resident at Bellfield Nursing Home at Banchory, owned by the Church of Scotland.

During the second day of trial defence agent Lynn Bentley complained about the “fairness” of the police interview and the comments made to her client before she was questioned on Hogmanay last year. Ms Bentley accused officers of telling Miss Wing that if she refused to confess she would be held over the Hogmanay weekend and would not see her two children.

Sheriff Patrick Davies was forced to hold a “trial within a trial” to determine whether the evidence of the police interview could be used. Constable Steven Geddes, 39, said he “could not recall” telling Miss Wing she would be kept in jail over Hogmanay.

Constable Geddes said: “I am certainly not in the habit of threatening people if that is what is being suggested.

“I just wanted the truth, the facts of the matter.”

Miss Wing said: “He bullied me. Because I have never been in trouble before I don’t know how the system works.”

She also complained that she was not offered a blanket or warm drink in the freezing police cell and was moved several times between the interview room and cell.

Constable Alexander Barnard, 20, backed up his colleague’s version of events.

“That would be out of character for Constable Geddes and something I would have had to report to a supervisor,” he said.

Sheriff Davies accepted the “clear and straightforward” nature of Miss Wing’s evidence over that of Constable Geddes who was unable to recollect many details of the evening.

Holding that the interview, the main element of the Crown’s case, was inadmissible, he acquitted Miss Wing, finding her not guilty.

Miss Wing, of 23 Chestnut Crescent, Banchory, had been accused of stealing £4,000 from the Lloyds TSB bank in the town between February and December 2008.

Before concern about the interview was raised, the court heard that Miss Wing had admitted to staff she had broken the care home guidelines by taking 86-year-old Miss Law to draw money from her bank account. Miss Wing admitted to staff she used the old woman’s bank account and pin number to take out money but said she was doing it with her consent.

From the Press and Journal