A YORK judge has condemned a fellow member of the judiciary for conduct which saw him charged with obstructing police officers and being drunk and disorderly during a late-night kebab shop dispute.

Judge Paul Hoffman, Honorary Recorder of York, said disgraced part-time county court judge and solicitor David Messenger should be mindful of the "dignity and decorum" required from holders of judicial office, 24 hours a day.

Judge Hoffman, hearing an appeal at York Crown Court against two convictions of obstructing police officers and being drunk and disorderly, criticised Messenger's attempts to "pull rank" to win favour with police officers, who "skilfully and tactfully calmed the situation down".

Messenger, whose firm is based in Valley Bridge Parade, Scarborough, denied being drunk and obstructing PCs Mark Whitehouse and Patrick Miller on May 2, 2003.

He also claimed that they had arrested him inside Best Kebabs, in St Thomas Street, Scarborough, and not outside, making his conviction unlawful.

Following the unsuccessful three-day appeal, Messenger admitted that the ruling would have a "significant impact on his career".

The 49-year-old solicitor was arrested after he got involved in a late-night dispute involving his client, Onber Baharlioglu.

The police officers had been called to the takeaway, where there was an ongoing legal wrangle over ownership of the business.

They were attempting to calm the situation when a drunken Messenger intervened.

He had been on a night out in the town, and came into the shop having consumed five pints of bitter and cider.

He claimed that Mr Baharlioglu beckoned him into the kitchen area.

Officers told the appeal hearing that Messenger, who "stank" of drink, countermanded their instructions for Mr Baharlioglu and two friends to leave the shop, ignored requests to leave himself, and squared-up to one of the officers.

When they accompanied him outside, Messenger told them it would cost North Yorkshire Police £5,000 and shouted abuse.

He was then arrested and taken to Scarborough Police Station, where he spent a night in the cells after refusing to co-operate with the check-in process. There he disturbed other detainees.

Inspector Paul Healy, of North Yorkshire Police, said he was very satisfied with the outcome of the appeal, and pleased with the warm comments made by Judge Hoffman regarding the conduct of officers. "We have shown throughout that we have acted fairly," he said.

An appeal against sentence was withdrawn after Judge Hoffman warned Messenger that he could increase the fines imposed by Selby magistrates at the initial trial in September.

The solicitor has 28 days to pay fines totalling £800, and must meet costs of more than £6,168.75 for the original trial and an additional £2,200 for the appeal.

Compensation of £180 must also be paid to North Yorkshire Police for criminal damage to a bell push at Scarborough Police Station, a conviction Messenger did not contest.

Updated: 10:38 Thursday, April 01, 2004