Two men were found guilty at Dundee Sheriff Court of seriously assaulting another man in a Broughty Ferry street last year.
A jury convicted the men, one of whom repeatedly kicked and stamped on the victim’s head and body, leaving him with multiple fractures in the assault in February 2010.
The jury took around three hours to find John Patrick Warden (43), of Huntly Road, Dundee, unanimously guilty of assaulting Gary Douglas Moir (38), c/o Tayside Police, by pulling him to the ground and repeatedly punching, kicking and stamping on his head and body to his severe injury, permanent disfigurement and permanent impairmenton in King Street on February 20 while acting with others.
Warden had earlier pleaded guilty to failing to appear at court for a previous hearing.
Co-accused Ralph Gregory Smith (35), of Happyhillock Road, was found guilty by a majority of an amended charge of assaulting Mr Moir by pulling him to the ground, kicking and stamping on his body, to his severe injury.
The charge against a third accused, Graham Lee Petrie (35), of Eskdale Avenue, was unanimously found not proven by the jury.
The trial came after the victim had been attacked by a group of men after a Saturday night out in Broughty Ferry, just before midnight at the King Street junction with Fort Street.CCTVThe disturbance was captured on CCTV, and following a police appeal for information on the attack which they believed had been carried out by at least five men the three men had been arrested, charged and eventually brought to trial.
After the attack Mr Moir was taken to Ninewells Hospital, with police describing his injuries as “serious but not life-threatening” however, he remained in hospital for some days.
Last night Mr Moir and his wife Angela declined to comment on the matter.
Applying for bail, solicitor advocate Jim Laverty, acting for Warden, admitted to Sheriff Elizabeth Munro, “I will have my work cut out to convince your ladyship that custody is not appropriate in this case. My client knows that if found guilty custody is almost inevitable.”
However, he added that the sheriff would require reports and he would argue that justice could be served with a community-based sentence when the case comes back to court.
Sheriff Munro remanded Warden in custody for reports, telling him, “You have been found guilty of an extremely serious charge and you have previously failed to appear.”
She granted Smith bail and deferred sentence on both men until May 3.