Police officer 'too unwell' to stand trial on data protection charges
PC Nicole Short was involved in the struggle before the death of father-of-two Sheku Bayoh in May.
A police officer is "too unwell to stand trial" on data protection charges, a court has been told.
PC Nicole Short was involved in the struggle before the death of father-of-two Sheku Bayoh in May this year, and was said to have been badly injured.
She was due to appear for trial at Kirkcaldy Sheriff Court next month accused of illegally accessing information on the police computer system in 2012.
The Police Federation says she suffered "significant" injuries during the incident which led to the 31-year-old's death in Kirkcaldy.
A pre-trial hearing was due to be held next week in the data protection case.
However, lawyers acting on her behalf had the case "accelarated" to Friday with the agreement of prosecutors.
PC Short is accused of accessing confidential information relating to two men on the Police Scotland computer system in October 2012.
Ross Cameron of PBW Law, defending, told Kirkcaldy Sheriff Court that PC Short had been involved in an "incident in Kirkcaldy" that had led to a "complicated medical state".
He said: "She maintains her plea of not guilty and her attendance is excused."
He continued: "Quite simply, she is currently not fit for trial due to a complicated medical state following on from an incident in Kirkcaldy.
"She is seeking assistance from various medical professionals.
"She is due to meet a clinical psychologist next week for him to complete a report. That is to be discussed with the Crown for future consideration."
The move to postpone the trial was not opposed by the Crown.
PC Short, 29, of Glenrothes, Fife, pleaded not guilty on summary complaint to three charges under the Data Protection Act.
PC Nicole Short is accused of obtaining personal data relating to two men from Fife Constabulary's Crimefile system and the Scottish Intelligence Database for non-policing purposes.
Sheriff Alistair Thornton said: "In all the circumstances I will grant the motion to discharge the intermediate diet and trial diet and ask for new dates to be set."
PC Short will now stand trial on December 21, but has been excused from attending a pre-trial hearing earlier that month.
In a statement released after Sheku Bayoh's death, Professor Peter Watson, the Police Federation's legal advisor said: "The officer injured remains off work, has had several hospital visits and is now in rehabilitation.
"An examination by a leading consultant confirms her injuries were significant. The injuries have been documented and photographed."
Mr Bayoh, 31, collapsed and died after being restrained by several officers who were following up reports of a suspect wielding a knife.
The father-of-two's family - who say they received differing stories on how he died following the incident - and his partner Colette have been campaigning for answers.
The case is currently being investigated by police watchdog, the Police Investigations & Review Commissioner (PIRC), however calls have been made for a review of its powers in light of Mr Bayoh's case.
