Man attacked by thugs as he tries to split up fight

Published 15 Dec 2011 08:00

A MAN was attacked by two thugs as he tried to split up a fight, Alloa Sheriff Court heard.

John Scott was struck on the head with a bottle and then punched to the ground.

Teenager Alexander McKeever narrowly avoided jail for using the bottle in the assault when he appeared for sentence on Thursday.

Instead the 19-year-old was given 200 hours' community service and ordered to pay £200 compensation to his victim.

Sheriff Kenneth McGowan spared McKeever as he only used the bottle once and had not intentionally taken it as a weapon.

Stephan Milne (28) was placed on a Community Payback Order for 18 months, including 100 hours unpaid work.

McKeever, of Lochbrae, Sauchie, and Milne, formerly of Branshill Park, Sauchie, both pled guilty to the assault at Alloa train station on 30 October 2010.

Fiscal depute Brent Bissett said that Mr Scott had been on a night out in Stirling with his friends before travelling back to Alloa by train.

When they arrived at Alloa station about 10pm and were waiting to be picked up, Mr Scott's friend became involved in a fight with another woman.

Mr Scott tried to intervene to split things up, but Milne ran down towards him and punched him to the face causing him to fall to the ground. At the same time McKeever also assaulted Mr Scott on the head with the glass bottle.

Mr Bissett said, "People in the vacinity contacted the police. Parties attempted to make off but were caught by the police."

Mr Scott was left with bruising to his brow, eye and cheekbone.

McKeever's defence agent, Mr Moncrieff, said there was "no prior planning" to the assault.

He said, "He had been drinking. He had the bottle in his hand - he did not acquire it. He realises that his actions were unacceptable."

Alistair Burleigh, representing Milne, said his client had been drinking at a nearby pub when he was contacted on his mobile about the assault.

He said Milne "didn't assess the situation properly" when he arrived and thought Mr Scott was involved in the assault rather than trying to break it up.

Mr Burleigh said, "He stupidly punched the complainer once. He was unaware of Mr McKeever having the bottle."

Sentencing the pair, Sheriff McGowan warned them, "Both of you were involved in what was an unprovoked assault on a stranger.

"In your case Mr McKeever you used a weapon. Two things are stopping me from sending you to jail. First is you didn't use the bottle while he (the complainer) was on the ground and secondly, you had the bottle before the assault.

"If any of those facts had been different you would have been going to jail."

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This article appeared in Alloa & Hillfoots Advertiser 14 Dec 11

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