Published: Wednesday, 4th June, 2008 12:00pm

Metal pole attack youth avoids jail

by Court Reporter

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A TILLICOULTRY thug who teamed up with his cousin in a brutal attack on a man with a metal pole escaped a jail term on Tuesday.

Martin Turnbull (18) was given 300 hours community service for his part in the assault which left his victim unconscious and in need of surgery for a broken arm.

Sheriff David Mackie said the sentence was a direct alternative to custody due to Turnbull"s previously clean record. He made the judgment after hearing that the teenager had 'withdrawn' into himself since being found guilty of the serious assault.

In contrast, Turnbull"s cousin Barry Wylie (21) had previously been sentenced to 12 months behind bars for his part in the attack.

Wylie, of Alloa"s Dunvegan Court, and Turnbull, of Ochilview in Devonside, were both found guilty by a unanimous jury after a three-day trial at Alloa Sheriff Court in April.

The pair denied assaulting Ben Henderson, to his severe injury and permanent disfigurement, as he walked home along Tillicoultry"s Moss Road in the early hours of the morning on 17 June last year.

They claimed to have acted in self defence, however, the jury heard that the injuries to the 32-year-old tree surgeon were so severe that doctors had to correct the break in his left forearm with a metal plate. He was found lying battered and bruised on a grassy verge in Dollar Road by a passerby, less than 400 yards from his front door.

Turnbull"s defence agent Robert Smith said, 'He does now accept full responsibility for his actions and they do seem somewhat out of character.'

He added that his client"s mother stated he was remorseful and that he had become 'withdrawn' from family and social occasions.

Sheriff Mackie told the teenager, 'This is a serious matter which is deserving of a custodial sentence. However, I take account of the fact that you appear before the court as a first offender and you have never been in trouble before and this does seem out of character.

'I take account of your age and the remorse you have previously shown, not just seen through the social enquiry report, but through the report from your parents.

'In all circumstances a period in custody would do no good to you and so as a direct alternative I impose a community service order of 300 hours. That is the maximum number of hours I can give and reflects the seriousness of this matter.'