A raging, masked joiner who drove a Land Rover at two men, before battering another with a golf club has been jailed.
Craig Topen, 42, and a group of unknown accomplices brought chaos to the Charleston area of Dundee during the vicious attacks on Kenneth McCluskey, his stepson Liam Cuthbert and Illian Illiev.
Dundee Sheriff Court heard claims Topen’s son had been receiving threats from Mr McCluskey over an outstanding drug debt.
Topen was locked up on Monday after he previously admitted smashing through a fence in the Land Rover Freelander and towards Mr McCluskey and Mr Cuthbert, before beating Mr Illiev with the golf club.
A sheriff voiced his concerns with Topen’s comments in a social work report after the thug described a different version of events from the Crown narrative.
Brick attack started violence
It was previously revealed how a brick was launched through the living room window of Mr McCluskey’s home on Craigmount Road.
He then saw several men outside the property, shouting, with their faces covered.
Fiscal depute Stewart Duncan said: “Liam Cuthbert recognised the accused Craig Topen as one of the males.
“Kenneth McCluskey and other males in the property left to confront the group.
“They (Topen’s group) got back into the Land Rover Freelander, with the accused getting into the driver’s seat.
“The witnesses were standing in front of a small fence and the accused drove the Land Rover at them.
“Liam Cuthbert tried to move but his right leg was struck, causing him to be spun before falling to the ground.
“Kenneth McCluskey jumped the fence but the car mounted the pavement and struck the back of his legs, causing him to fall into a garden.”
Mr Illiev was knocked to the ground by Topen, who repeatedly punched and kicked him, before beating him with a golf club.
‘Intention to resolve the matter amicably’
The court was told police arrived and the witnesses were initially hostile.
Mr McCluskey suffered bruising but refused any medical treatment.
Mr Illiev was taken to Ninewells Hospital, where he received 10 stitches for wounds to his scalp.
Topen, of Earn Crescent, pled guilty to assaulting Mr McCluskey and Mr Cuthbert by striking them with the car.
He admitted causing Mr Illiev severe injury and permanent disfigurement on Craigmount Road on November 15, 2019.
He also admitted possessing a golf club on Craigmount Road and Strathcarron Place.
Solicitor Ross Donnelly said Topen accepted full responsibility for the attacks despite the remarks he made in the social work report.
“He has, by his own admission, attempted to minimise his involvement.
“Primarily because of his anxiety of the potential disposal that may come.
“His intention was to resolve the matter amicably.
“It was not to become involved in violence.”
Jailed
Sheriff Alastair Carmichael said when passing sentence: “You pled guilty to a charge of assault, including driving at three people and hitting two of them with the vehicle, and also repeatedly striking one on the head and body with a golf club.
“You did these things with your face masked.
“I have decided that to deter others from behaving in a similar way, and to express society’s disapproval, there’s no alternative to a custodial sentence.”
Topen was jailed for 12 months.
