A RADNOR Park man has been cleared of shouting abuse at police after officers failed to take a photograph of the person arrested for the alleged offence.

Fraser Gallagher, of Granville Street, appeared in the dock at Dumbarton Sheriff Court charged with the offence on November 13 last year.

But during a short trial, the 20-year-old’s defence solicitor suggested to police the person they arrested was not the man in court after it emerged officers didn’t have a picture of the person they arrested.

Police evidence failed to match the allegation and the fiscal depute decided not to seek a conviction at the end of her case.

Officers earlier told the trial they responded to a noise complaint at Duncombe View, in Drumry, around 4.30am.

When they arrived, there was no noise but they spoke to the householder. As the officers were leaving, they found a man and woman together in the building and told them to leave.

One officer told the court he didn’t note the woman’s details, while his partner said he had.

Neither were present when the arrested man’s photo, blood and DNA were taken, yet a police document provided in evidence said no photo had been taken.

The officers also didn’t remember the arrested man making a threat he would hang himself, in contrast to the police document.

Yet both officers were adamant Mr Gallagher was the man they arrested that day.

Defence solicitor Phil Lafferty said to the first officer: “I have to suggest to you that the person you arrested that morning is not the person sitting in the dock.”

The officer replied: “From memory, I believe that it is. I’m sure that’s the person I arrested that morning.”

Mr Gallagher had been charged with shouting and swearing at the police and causing “fear or alarm”.

Though Mr Gallagher allegedly called them “c****” and “b*******”, but both officers only said his voice was “raised”.

When the first officer was asked how he felt, he said: “I was annoyed but it’s something that happens.”

The second officer replied to the same question with: “It made me feel upset and fearful he was going to start a fight.”

Sheriff William Gallacher visibly raised his eyebrows at the remark.

After the crown case, Mr Lafferty questioned if the evidence matched the charges and the crown concluded they would no longer seek a conviction.

Sheriff Gallacher said Mr Gallagher was not guilty and free to go.

In January this year, Mr Gallagher was sentenced for shouting, swearing and fighting with another man on September 10, 2016. When police arrived, he was in the middle of the street, top off, arms outstretched.

He was on bail for that offence when he was allegedly arrested.