The victim of a vicious stamp attack outside a Fife pub will receive £7,500 in compensation from the plumber who committed the life-endangering assault.
Ewan McLean previously appeared at the town’s sheriff court to admit attacking Gordon McAndrew outside O’Connell’s bar on Kirkcaldy High Street in the early hours of July 31 in 2022.
McLean chased his victim from the bar and knocked him to the ground, before stamping on his head and kicking it.
He was sentenced on Monday and retained the liberty the court was told is “intrinsic” to 34 employees, including eight apprentices.
In January, McLean, of Muir Road in Lochgelly, pled guilty to assaulting Mr McAndrew to his injury and danger of life.
The court heard McLean’s criminal record includes an assault to injury in 2007.
Stamp attack
At an earlier hearing, the court was shown CCTV footage of 46-year-old McLean attacking his victim in the middle of the road, in view of door staff and customers.
The court was told by depute fiscal Christine Allan that McLean told his victim in the bar: “I’m going to f***ing murder you” and “I’ll get you outside, I’ll follow you.”
Mr McAndrew was followed from the bar and attacked, losing consciousness as he hit the road.
McLean stamped on the back of his head, then kicked him and ran off.
Mr McAndrew was still unconscious when police arrived.
They caught McLean nearby and he told them: “Self defence, he told me in the pub he had a knife.”
Life endangerment theoretical, not factual
Defending, Iain McSporran KC stressed his client’s victim was conscious when paramedics arrived and only needed painkillers by way of treatment.
He said the complainer had “taken it upon himself to record on his mobile phone Mr McLean’s wife who was in a very intoxicated state,” before the assault.
He tendered letters and character references to Sheriff Robert More and said they showed a “stark contrast between the man he is and the man who acted in the way he did on that night.”
He went on: “The danger to life in this case, as often it is, is theoretical rather than factual.
“Mr McLean appears entirely genuine in his feelings of remorse.
“He finds it difficult to identify himself as the person who acted in that way.
“He tells me that since then, he has largely abstained from any excessive consumption of alcohol.
“He limits his social interaction to close friends and family.
“I am instructed through the court to ask that his genuine apology is given.”
He added: “When one has regard to all the circumstances, your Lordship can have a high degree of confidence that Ewan McLean does not pose a continuing risk to the public.
“The appropriate punishment is one that interferes with – but does not deprive him of – his liberty.”
Compensation for ‘aberration’
Sheriff More imposed a 200-day restriction of liberty order, keeping McLean at home between 8pm and 6am.
He also ordered McLean to pay £7,500 compensation within three months.
The sheriff said it was a “very serious attack on the complainer and the aggravation of endangering his life makes the crime of very significant gravity.”
He went on: “As a matter of fact, the life of the complainer was never endangered.
“You have difficulty understanding how you acted in such a manner.
“Your expressions of remorse are genuine – this significantly mitigates any risk you may present of offending in future.
“You have a limited and dated schedule of previous convictions.
“In my view, the incident can properly be viewed as an aberration.”
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