A recently bereaved Forfar father has been jailed for nine months for a Hogmanay assault.
The mother and father had gone outside and the next thing Adam Stewart was aware of was his mother coming back inside and saying to him that his father was in difficulty. Adam had gone outside “with the sole intention of protecting his father.”
When he saw two people “squaring up” to his father he intervened, but was “fully aware” that is not the way he should have reacted,” the court was told.
Difficult personal circumstances last year had led to him using alcohol “as a crutch” but that was no longer the case. He accepted full responsibility for his actions.
Mr Bruce said that John Stewart had accepted from the beginning that his behaviour outside the pub was unacceptable but he said there had been “tremendous provocation” in the case. Nicholas Johnstone had not only been “thrown out of several bars” but had punched John Stewart, the court heard.
Mr Bruce said those involved were all from “the travelling community” and were known to each other. He said the CCTV footage showed John Stewart walking away from Nicholas Johnstone, who was trying to get him to fight.
Mr Bruce said: “You see Nicholas Johnstone continually provoking him, gesticulating with his hands as if to provoke him to fight. You continually see John Stewart walking down the road and clearly saying: ‘Go away.’
“He takes responsibility for his actions but it is very important to accept there was a high level of provocation for hours.”
Mr Bruce said that when an ambulance arrived the two men who had been assaulted by the Stewarts refused medical treatment.
The solicitor then brought up the recent death of John Stewart’s daughter.
He said: “An extremely sad bereavement a month ago has had an effect on him, and particularly on Mr Stewart’s wife.
“It is a very, very difficult time for him and for his wife. If he were to receive a custodial sentence, that would be another body blow to the family. They have already suffered this death.”
John Stewart’s solicitor made a plea for leniency, saying a custodial sentence would be “a body blow” to the family already suffering from the death of 50-year-old Stewart’s daughter a month ago.
Solicitor Bob Bruce said there had been “a tremendous amount of provocation” prior to the assault and asked Sheriff Kevin Veal to take that into account.
Sheriff Veal said: “I recognise there was provocation and the incident was alcohol-fuelled. What I cannot remove from my mind is that the victim was rendered unconscious. Imprisonment is unavoidable.”
Stewart, of Threewells Drive, Forfar, appeared in the dock at the sheriff court with his son Adam (21), of Easterbank, Forfar, on Thursday. The younger man was given two years’ probation, 150 hours’ community service and told he would have to undertake alcohol counselling and such other programmes as directed by the supervising social worker.
Both men had previously admitted their parts in attacking two cousins, the details of which were captured on CCTV and shown in court during an earlier appearance.
The incident had spilled into the street after words were exchanged in a pub in the town. The victims declined medical attention, refused to get police involved and the man who was knocked out reportedly carried on drinking into the New Year.
John Stewart (50) and his son Adam appeared on an indictment relating to the offences in East High Street.
John Stewart previously admitted assaulting Nicholas Johnstone by punching him, repeatedly stamping and kicking him on the head and rendering him unconscious, to his injury.
Adam Stewart previously pled guilty to assaulting George Johnstone by kicking him on the body, knocking him to the ground and kicking him on the body, to his injury.
Depute fiscal Hannah Kennedy said that although there was no actual danger to life, repeated stamping on a man’s head provided the potential for that to be the case.
Julie Young, representing Adam Stewart, said that on Hogmanay he had spent most of the day drinking with a large group of people, including his mother, father and George Johnstone. Mr Johnstone had been ejected from one hostelry after he tried to start a fight with the landlady, the court heard.
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