A violent thug who vanished midway through his trial has narrowly avoided jail for stamping on the head of an “incredibly vulnerable” robbery victim in Perth city centre.
Duane Haney and co-accused Mharie McRitchie were convicted of assaulting Johnathan Lindsay in St John’s Place on January 22 2022.
CCTV footage showed Scone woman McRitchie snatching away Mr Lindsay’s mobile phone, before Haney stamps on his head.
Jurors last month found 43-year-old Haney guilty of assaulting his victim to his injury, while McRitchie, 32, was convicted of assault and robbery.
The pair who absconded during their trial were brought back to Perth Sheriff Court for sentencing, having spent the last four weeks on remand.
Man was ‘dragged into’ assault
The court heard how Haney, of Hawick, was afraid of the prospect of being sent to prison.
His lawyer said he struggled with alcohol and used drink as a coping mechanism following childhood trauma.
“That is something he has overcome through counselling,” the court was told.
Sheriff Jennifer Bain KC told Haney: “I note that you have accepted the jury’s verdict and have expressed remorse.
“The CCTV did show you largely standing back from your co-accused as she grabs the phone from the victim.
“At one point, you seem to be trying to separate them.
“However, the jury’s verdict also reflects that you also stamped on his head.”
She said: “It would have been clear to you that he was an incredible vulnerable individual and had done nothing to warrant the attack that was perpetrated upon him.”
The sheriff said that Davey had a record of violent crime, “albeit it is of some age.”
She added: “I also accept you were not the instigator but you were dragged into it by your co-accused.
“I am narrowly persuaded this can be dealt with by way of a community based disposal.”
Haney was ordered to carry out 250 hours unpaid work and placed on a restriction of liberty order for four months.
He was further placed on supervision for a year.
Further reports for co-accused
Solicitor Linda Clark, for McRitchie, said that “there has been a lot of water under the bridge” since the 2022 assault.
Her client’s previous offending was largely linked to a “toxic” relationship, she said.
Ms Clark said McRitchie made the “absolute folly” decision to leave the court midway through her trial.
“She had heightened anxiety about the whole process,” she said.
The sheriff told McRitchie: “Your actions merit a custodial disposal; however I am bound to consider to consider whether there are any alternatives available.
“I can’t fully consider that without a further psychological assessment being carried out.”
Releasing McRitchie on bail, the sheriff added: “Your future is very much in your hands.
“Your behaviour in respect of these court proceedings has already left a lot to be desired.”
McRitchie, of Catmoor Avenue, Scone, will be sentenced in July.
Police statement
Jurors heard how Mr Lindsay described the attack in a police statement.
He told officers he did not know either accused.
“The female has run up to me and grabbed my phone from my hand,” he said.
“I have got up quickly and run after the female.
“She dropped the phone and I grabbed it off the floor.
“The male then came over and started kicking me to the head.”
When arrested, McRitchie had told cops: “It’s got f*** all to do with me.”
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