A sheriff has questioned whether a Perth man should face perjury charges after he denied assaulting workers at a city nightclub, then admitted the attack to social workers.
Darryn Calder was found guilty of causing a violent fracas at The Loft on South Street following a trial at Perth Sheriff Court.
During the hearing, the 35-year-old denied he was responsible for assaulting Daniel Khawer and Jordan Lorimer on April 24 last year.
But following his conviction, he confessed all to social workers preparing a background sentencing report.
Calder, who has a history of violent conduct, was ordered to pay £250 compensation to each of his victims and has now been accused of misleading the court.
The penalty for perjury is a maximum five-year prison term and/ or a fine.
Potential perjury
Sheriff David Hall said: “He misled the court.
“He is lucky he isn’t prosecuted for perjury – although he could still be.”
The sheriff told Calder: “I am going to ask the procurator fiscal depute to consider the terms of this criminal justice social work report and check if the Crown considers taking any further action against you in relation to this matter.
“Clearly you misled the court because you gave evidence saying you were not the person involved.
“But now it is clear that you accept that you were.
“That is potentially for another day however.
“This is a positive report and I am prepared today to let you remain at liberty.”
Calder was placed on supervision for 18 months and ordered to carry out 200 hours unpaid work.
He must also pay £500 compensation to the two employees he assaulted.
Calder was further ordered to stay at his Canal Street home between 8pm and 5am as part of a three-month restriction of liberty order.
The sheriff warned the sentence was imposed as a direct alternative to prison.
The trial heard that during the drunken outburst, Calder seized Mr Lorimer by his clothes and repeatedly struck him on the head.
He hit Mr Khawer to the head once.
Neither man was seriously hurt, the court heard.
Compensation for pub attack
Last year, Calder was ordered to pay £1000 compensation to the family of alleged murder victim Ian Menzies.
The court heard Calder randomly attacked Mr Menzies at the city centre Sandeman bar in September 2019, 18 months before his death.
Calder punched him and threw him on the ground, before repeatedly kicking him and stamping on his body.
Mr Menzies was found dead at his city centre flat in June 2021.
His son Craig Dixon is now awaiting trial, accused of murdering the 55-year-old by beating him to death with a hammer.
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