A father and son who beat up a man in a car park have avoided a prison sentence
Michael Balfour, 42, and 22-year-old Nathan Hayes left their victim bloodied and bruised following a row over an unfounded rumour on May 31 last year.
Dundee Sheriff Court heard that Hayes had told multiple people that Macaulay Holgate had broken into his flat and stolen a number of items – an allegation that was never reported to the police.
At around 7pm on the day in question, Mr Holgate’s partner saw Hayes outside her house with his parents.
She shouted at him from a window which led to Mr Holgate leaving the house clutching a piece of wood.
Prosecutor Marie Irvine previously told the court: “The complainer later contacted the accused about the way he spoke to his partner.
“The accused replied ‘come meet me outside’ and 10 minutes later the complainer looked outside his flat window and saw the accused and Michael Balfour outside.”
A struggle ensued with Balfour, during which he tripped on the kerb and fell to the ground, said Ms Irvine.
Balfour restrained Mr Holgate on the ground before Hayes kicked and stamped on his victim’s head. This was said to have left Mr Holgate feeling “fuzzy”.
A passing dog walker shouted “that’s not fair” before Balfour and Hayes left the scene.
Police were contacted and Mr Holgate was taken to hospital with swelling, bruising and a cut above his left eye which had to be glued.
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Hayes, of Wellbraehead in Forfar, and Balfour, of the town’s Goosecroft, pleaded guilty on indictment to assaulting Mr Holgate on Restenneth Drive.
Brian Bell, representing Hayes, said his client had shown “genuine remorse” for his part in the incident.
Both men were ordered to carry out 200 hours of unpaid work and were placed on a restriction of liberty order keeping them indoors between 7pm-7am for nine months.
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