Darren Day weapon could have been lethal, court told

Edinburgh Sheriff Court heard how even an untrained person could cause severe injury with a kubotan.

The evidence was heard as the trial of 41-year-old stage star Day, over claims he was in possession of an offensive weapon, got under way.

The actor and singer, of Cudworth, South Yorkshire, is accused of having a kubotan in a public place in Edinburgh "without lawful authority or reasonable excuse" in December last year. He denies the charge.

The first witness called by the Crown was Pc Liam Fitzpatrick, a lead trainer in officer safety with Lothian and Borders Police, who told how he had more than 30 years of experience in martial arts.

Neil Allan, prosecuting, asked him to look at an item he said was found "in the possession of a particular individual".

Mr Fitzpatrick, 46, described it as a kubotan, seven to eight inches long, which would normally fit into a hand.

He said the kubotan was designed in the early 1970s and was first used for "close impact control" by Los Angeles police.

During the 1980s it was marketed as a self-defence tool and could be sold to members of the public, sometimes as a self-defence key chain, the court heard.

Asked what the tool could do in trained hands, Mr Fitzpatrick replied: "Worst-case scenario, I could kill someone with that."

He said it was more difficult to say what an untrained person could do with it but added: "It can cause severe injury, potentially."

The witness demonstrated to the court how it could be used to strike someone, or used as a "flail" if keys were attached.

He later agreed with defence lawyer Bobby Frazer that a bunch of keys or a pen could have a similar effect if used in such a way.

He also agreed that a standard kubotan can be bought "quite openly" through martial arts shops or magazines.

The second witness, Sergeant Gary Russel, described a kubotan as a "striking and restraining device" and said it was capable of inflicting "extreme pain".

In America, it was nicknamed an "attitude adjuster", he told the court.

The 42-year-old Lothian and Borders officer agreed that they were easily available on the internet, did not require a licence or certificate and were often sold with a keyring attachment.

Defence agent Mr Frazer later tried to get the case thrown out of court.

Arguing that there was no case to answer, he said: "It is my contention at this stage that the Crown case, at its highest, does not meet the standard that is required in order to secure a conviction against the accused."

He went on: "Before I became involved with the accused, I did not know what a kubotan was, I had no knowledge of it and, indeed, I suspect that's the case for the vast majority of persons in the country."

He argued that a standard kubotan was not listed in the relevant legislation as an offensive weapon and said there was no evidence to suggest the item was intended to be used in such a way.

It was considered to be "just a keyring", he told the court.

Sitting without a jury, Sheriff William Holligan rejected the defence submission, meaning the case will continue when it comes back to court next month.

The alleged offence is said to have taken place on December 18 2009 in Balfour Street, Edinburgh.

Prosecutors have refused to accept Day's plea of not guilty to the charge.

The stage star, who wore a beige suit and dark shirt for his court appearance, previously admitted two other charges in relation to events in Edinburgh on the same day last year.

He has still to be sentenced after pleading guilty to drink-driving and failing to stop after an accident.

The singer, who was starring in the Queen musical We Will Rock You in the Scottish capital, had 58mg of alcohol in 100ml of his breath in Manor Place, Balfour Street and other roads in the city. The legal limit is 35mg.

He was accused of three other charges, including driving without due care and attention and crashing his Mercedes into a lamppost, but his not guilty pleas were accepted.

Day has been banned from driving until he is sentenced at the end of the proceedings. He could also have his car permanently confiscated.

The case continues on April 7.