A MAN has been found guilty of assaulting the father of a teen who kicked him on the head.

Last Wednesday at Alloa’s Justice of the Peace Court, McGregor Thomson denied pushing John Rush on the body, seizing him by the clothing and pulling him down front door steps at an address in the town’s Carpenters Wynd on January 31 this year.

Mr Rush, 53, told fiscal depute Michael Maguire that he was at home in his living room with his wife when he spotted a white car pull up fast outside.

Mr Rush claimed there was a “heavy chap” on the door and when he answered the accused was standing there and asked if he was Aidan Rush.

The complainer replied: “No, I’m his dad.”

Mr Rush stated that Thomson angrily questioned: “Where the ‘f’ is he?”

The accused was then said to have grabbed Mr Rush by the clothing and arm, pulling him down the front door steps onto the monoblock.

The complainer believed Thomson was trying to gain entry to the house, so he held his arms out wide, asking: “What’s going on here?”

Mr Rush told the court that the two men “jostled” before he told Thomson to “calm down”.

The accused explained that Mr Rush’s son Aidan and his friends had jumped him the night before and beat him up. Thomson claimed that his wife was punched in the face during the altercation.

Mr Rush told the accused that he would need to speak to his son.

The complainer stated that when leaving, Thomson threatened: “He’s getting it and he’s dead, and so’s anyone who gets in my way.”

The incident was over in a matter of minutes with Mr Rush claiming that Thomson got back in the white car and drove away.

The complainer then contacted the police later on in the week to report the assault.

Defending, Brian Black challenged Mr Rush’s account of events.

The complainer confirmed that the two men did not know each other before the altercation and when Thomson arrived at the door he had injuries to his face.

Mr Black asked why Mr Rush failed to contact the police for five days following the assault.

The complainer explained that it took a day to track down and speak to his son to find out what happened in respect to Thomson’s claim of assault.

Mr Rush was also transitioning his mother into a Wee County care home and had a “hell” of a lot to deal with and on his mind as he’d just had to sign non-resuscitation papers.

Mr Black put it to Mr Rush that he only went to the police on the Friday – making up the assault claims – because his son was charged with attacking Thomson the day before on the Thursday.

Mr Rush denied lying. He stated that he was fearful Thomson would return to the family home.

Mr Black claimed that there was another person present with Thomson who would later testify that they drove the accused to the house and witnessed the two men shaking hands at the end of a non-confrontational discussion.

Mr Rush stated: “That’s lies. I seen him driving the car. I clearly saw him drive away in the car.”

Mr Rush’s wife Tracey then took to the stand to back up all her husband’s claims after witnessing the event through the front window.

When questioned why the incident wasn’t reported until the end of the week, Mrs Rush explained: “I didn’t report it. I left that up to my husband.”

She also reiterated that it took a while to speak to their son and the transition of her mother-in-law into a care home took up time.

Mrs Rush, 47, denied making up the assault claim in retaliation for her son Aidan being charged.

She agreed that Thomson had facial injuries when he was at the door, but could not remember seeing another person with him.

When Mr Black claimed the incident “ended calmly after it started”, Mrs Rush said: “That’s not true.”

Thomson, 32, took to the stand and told the court it was the morning after he was assaulted by 18-year-old Aidan Rush and his pals.

During a conversation with family and friends, they suggested that Thomson go speak to Mr Rush as he was a “decent guy” and would be “disgusted” with his son’s actions.

Thomson claimed that Claire Lamb volunteered to drive him to the Rush residence because his right eye was completely closed and his left eye was glazed. The accused stated that he could “hardly see” so was unable to drive himself.

Thomson said that they drove into the estate slow as they weren’t sure where the Rush house was. The accused claimed that he chapped the door as normal and when Mr Rush answered, he’d asked if he was Aidan’s dad.

Thomson stated that he told Mr Rush about the assault to which he was “quite apologetic” and did not condone his son’s actions.

Thomson claimed that Mr Rush shook his hand and promised to get to the bottom of the situation.

The accused said he was “quite satisfied” with the outcome. He claimed there were no raised voices, no swearing, no pushing and no grabbing. He said he got back in the car and Ms Lamb drove away.

Thomson said: “This came as a massive shock to me when the police came to my door. His version of events is absolutely ludicrous.”

Thomson explained that his wife drove him to Forth Valley Royal Hospital later on because of his injuries and it was on the advice of the doctors that he went to the police.

Thomson told the fiscal Mr and Mrs Rush were lying.

He said: “I didn’t go down there for a rammy.

“My right eye was shut, my left eye was glazed. I didn’t go down there for a punch up.”

Thomson’s witness Claire Lamb, 32, backed up his claims.

She stated that she drove the accused to the Rush residence and watched the event from the car window.

Although she couldn’t hear what was being said, she stated that the two men shook hands at the end of the conversation. There was no raised voices and no assault. Thomson got back in the car and she took him home.

Ms Lamb denied lying to the fiscal. Proceedings then concluded.

Justice of the Peace Mandy Shand returned after deliberation.

Finding Mr and Mrs Rush to be credible and reliable witnesses, she found Thomson guilty of the assault.

She fined the accused, of Kent Road in Alloa, £250.

Aidan Rush, of Carpenters Wynd in Alloa, who was found guilty on October 4 of repeatedly kicking Thomson on the head to his injury in the town’s Bank Street on January 31 this year, will be sentenced on November 3.