NE Scotland, Orkney & Shetland

Neal Todd loses toy gun Kinloss threats appeal case

Image caption Neal Todd was jailed in 2010 for the threats to people in Kinloss

A man jailed for threatening to "turn Kinloss into Afghanistan" while armed with a toy gun has lost his appeal.

Neal Todd, 50, pointed it at people outside a pub in Moray and threatened to "kill everyone" following a row.

Todd was found guilty of possessing the imitation weapon, which could fire small ball bearings, and making others believe he would use a Magnum handgun.

He was jailed for two-and-a-half years at Aberdeen Sheriff Court in 2010. Appeal judges rejected his case.

Todd claimed his trial had been unfair because of remarks about the hunt for Raoul Moat.

The Court of Criminal Appeal in Edinburgh heard that a prosecutor had referred to the massive murder hunt then in progress for Moat, who also blinded a police officer before turning his gun on himself when cornered in Northumberland.

Todd's lawyer, Andrew Mason, said Sheriff Annella Cowan should have stepped in to prevent the jury being biased.

"There has been an improper observation by the prosecution which has not been adequately dealt with by the learned sheriff," he said.

However Lord Hardie, sitting with Lords Bonomy and Wheatley, refused to overturn father-of-three Todd's conviction.

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