A POLICE officer accused of neglect of duty phoned a criminal he was due to arrest and told her to “take a walk” so she wouldn’t be in when he went to her Johnstone home, a court has been told.

Constable Gordon Henry was supposed to arrest Lynn Pearson – who has since passed away – on six warrants, Paisley Sheriff Court heard.

But PC Henry called the landline in her home in Graham Street, Johnstone, from his police radio – and said: “You might want to go for a walk.

READ MORE: Man 'scarred for life' after Renfrew attack 

“Do you want to go for a walk or do you want to go to jail? We’ll be there shortly.”

The details emerged this week when the 42-year-old appeared in the dock at Paisley Sheriff Court for the second day of his trial, which began in May.

The court heard that PC Henry and PC Brian Kelly were asked to attend Pearson’s home on December 4, 2015, to arrest her on the six warrants, which were for unpaid fines totalling £375.

PC Henry phoned her home, told her they would be there in 30 minutes, said there were warrants for her arrest, and that she should leave so she wouldn’t be in when he arrived.

And when they got there there was no sign of Pearson, as she had gone to a neighbour’s home to avoid being arrested.

But she was arrested a short time later by other officers – and revealed she’d been told to leave her home over the phone.

She took those officers to her home and phoned 1471 – revealing the number that had called her and kick-starting the probe into PC Henry’s behaviour.

He denies neglect of duty, claiming he was using his discretion and experience following his 21-year-long police career to try and defuse a “potential disturbance” between Pearson and her brother Thomas, who has also passed away, knowing they were both drinkers and violent.

The Gazette:

Gordon Henry leaving the Paisley Sheriff Court 

Prosecutors claim he broke Section 22 (3) of the Police and Fire Reform (Scotland) Act 2012 in that he “did neglect or violate” his duty when “required to serve and execute a warrant” and “did telephone the said Lynn Pearson and warn her that you were on your way to said address for the purpose of executing said warrants and did invite her to ‘take a walk’ and induce her to leave said address to avoid apprehension in respect of said warrants.”

A recording of the phone call was played to the court, in which PC Henry could also be heard telling Lynn Pearson her brother had called the police saying he wanted her removed from the house – after she said Thomas was asleep in bed.

PC Henry, who is now “on reduced duties” and is working in the production department at Paisley’s Mill Street police office, was asked to attend the address after Thomas Pearson phoned the police telling them he wanted his sister out of the house. 

When asked by his defence QC, Gordon Jackson, why he told her to “take a walk”, he said: “I thought it would be best to get her out of the locus.

“I felt if I could separate Lynn Pearson and Thomas Pearson it would be beneficial for my arrival.

“There wouldn’t be a potential disturbance within the house.They were both known to be violent.  It could’ve kicked off in the house.”

And, when asked if he told her to leave the property so he could “neglect or violate” his duty, he replied: “My intention was purely to get her out the house.

“I wanted to get her out of the house to diffuse any potential disturbance while I was on route to the call.”

Under cross-examination from prosecutor Carol Cameron, he conceded he couldn’t fully assess the situation until he got there and that there were no signs or evidence of a disturbance, and that telling her it was her brother who had phoned the police could have "inflamed the situation".

But he said: “It was 21 years of police experience. Sometimes you have to think ahead of the game.“

"As a police officer sometimes you instantly make a decision on a course of action.

“You have to think on your feet all the time. I would’ve picked her up the next time I was on duty.

“He could’ve been lying with something in his back or a brick over his head – he could’ve been lying dead for all I know.

“This was a decision made based on previous dealings with both parties.

“The reason I exercised my discretion was to prevent a potential disturbance between two people I knew to be violent towards each other.”

READ MORE: Ex-serviceman 'groped victim' in Paisley

Henry, whose address was given in court papers as care of Police Scotland’s professional standards department at Dalmarnock police office in Glasgow, maintains his innocence.

The trial was adjourned until Thursday of this week, when prosecution and defence lawyers are expected to give their final submissions.