A COUNTY Court judge found guilty of being drunk and disorderly following a kebab shop fracas has begun an attempt to clear his name.

Solicitor David Messenger, who runs a practice in Scarborough, North Yorkshire, is appealing against his conviction following his arrest in the town on May 2 last year.

At an appeal hearing at York Crown Court yesterday, the 49-year-old accepted his conviction for criminal damage, when he damaged a call-button in a police cell, but denied he was drunk.

He was also convicted of obstructing two police officers but said he was helping a client against police, who he said were aiding and abetting a wrongful eviction.

Richard Newbury, prosecuting, said that shortly after midnight, Messenger went into Best Kebab, in Scarborough, smelling of drink and slurring his words.

He then countered police instructions to three men to leave the premises, ignored police orders to leave himself, squared up to one officer, warned both officers their actions would cost them £5,000 and called them names.

Mr Newbury said it was the intention of the police to let him go if he calmed down, but that he continued and he was taken out of the shop and arrested.

Khazim Oz, who was in charge of the shop, and who had called police for help in ejecting three men, including a rival kebab shop worker, said Messenger was arrested inside the shop.

The judge's barrister, Tim Hirst, said his client disputed he had been drunk and disorderly, though he had been drinking.

Mr Hirst said the police had been aiding and abetting Mr Oz in wrongfully evicting his rival Bahar Liogly.

Messenger is appealing against two convictions of obstructing police and one of being drunk and disorderly.

The appeal continues.