A plasterer who knocked his friend of 40 years unconscious with a metal pole in a row over wine has been locked up.
Patrick Lyons suffered a fracture skull after sozzled David Merrigan’s vicious attack at the home they shared on Maule Street, Carnoustie.
Dundee Sheriff Court was told how Merrigan, who formerly worked on film sets, sank bottles of wine and pints of beer before targeting Mr Lyons.
“You are very fortunate that the victim did not die,” Sheriff Gregor Murray told Merrigan.
“There is no alternative to a custodial sentence in this case.”
Drinking wine
Fiscal depute Marie Irvine explained how self-employed plasterer Merrigan and Mr Lyons paid rent for their property, which is owned by a German couple who lived above them.
The couple were in their homeland at the time of the incident and a row erupted after Merrigan demanded Mr Lyons hand over keys to their address.
Miss Irvine said: “The complainer got up from bed and found the accused drinking wine out of the bottle and heavily under the influence.
“The accused shouted at him, demanding the keys for his upstairs neighbours’ house to get more wine.
“The complainer refused to give him the keys but the accused continued to shout.”
She added: “He later heard the accused shout ‘get in here, get into my room’.
“He walked into the hallway and the accused burst out brandishing a metal pole and struck him on the head with it.”
Accused fled the property
Mr Lyons fell to the ground and remembered waking up with blood running down his face.
He managed to get to the kitchen to clean the blood and Merrigan fled the property.
Paramedics attended and Mr Lyons was treated for a 10cm cut to the top of his head and a 3cm wound to the left side of his head, along with swelling.
A few days later, Mr Lyons returned to Ninewells Hospital with visibly slurred speech, headaches and dizziness.
It was later discovered he was suffering from a skull fracture. He sustained no lasting impairment or disfigurement.
The Odd Couple
Merrigan, of Anderson Street, Carnoustie, admitted striking Mr Lyons on the head with a metal pole, causing him to lose consciousness, to his severe injury and the danger of his life on May 26 2020.
Solicitor Theo Finlay compared Merrigan and Mr Lyons’ living arrangement to that of Walter Matthau and Jack Lemmon in the 1968 film The Odd Couple.
He said: “They are hard-working men and found themselves living together and consuming an excessive amount of alcohol.
“Mr Merrigan is entirely remorseful and genuinely so. He has taken steps to address his misuse of alcohol.
“He has worked all his life, he was a rigger in the film industry and has a history in the merchant navy.
“The critical factor was alcohol which was to relieve stress.”
Merrigan was sentenced to 21 months in prison.
