A sheriff refused a motion to step down from presiding over a trial because his brother is a Labour MSP.

Defence lawyer John Flanagan made a motion that sheriff Tony Kelly should recuse himself from the proceedings.

His client Sean Clerkin, 55, allegedly committed a breach of the peace at Glasgow Royal Concert Hall on April 1, last year, the same day as Labour shadow chancellor Ed Balls gave a speech.

Mr Flanagan said that because the sheriff's brother is a Labour MSP it might be seen to be a conflict of interest.

He was unable to produce any authority to the sheriff in support, but said that his brother being affiliated with the party, might be an issue in the public eye.

Sheriff Kelly told him: "I'm struggling to see what gives rise to the conflict."

The lawyer said: "The fact is your brother is an MSP, this is about the Labour party and that's the connection."

The court heard from Callum Munro, 24, who was at the time the Scottish Organiser for the Scottish Labour party.

He said Mr Balls was giving a speech at the concert hall and Clerkin appeared in the building with two acquaintances.

Mr Munro said Clerkin had been told where the private event was in error and he told him not to go to it.

Procurator fiscal depute Adele MacDonald asked what manner he spoke to Clerkin in and he said was " very careful to be as calm and polite as possible."

He claimed Clerkin, from Barrhead, became "blustery" and demanded to be able to go, and that he had a right to attend.

The court was told Clerkin "shouted for the best part of an hour" and shouted abuse including "red tory scum".

He said he felt concerned the situation would further escalate and that he was "being put in what I thought was a dangerous and intimidating situation".

Mr Munro said Clerkin was pushing past him to get to the room where the event was taking place and using his "full" body weight.

He claimed the incident moved through the building to the bottom of stairs, that lead to the private room the party had.

The witness also said that Clerkin "feigned" falling over and claimed he assaulted him.

The court heard the police turned up as Clerkin was shouting, and one of the people he was with recorded the whole thing and later uploaded it on to YouTube. That footage was played to court.

Clerkin and another man Piers Doughty Brown, 56, also face a charge of "behaving in a threatening or abusive manner" on May 16, last year at the Labour party headquarters on the day former leader Jim Murphy announced his resignation.

They deny the charges and the trial continues at a later date.