An 83-year-old double amputee from Dundee claims a man who battered him with a shopping basket got off “scot-free”.
Pensioner Jack Wemyss said a sentence handed to his attacker Murray Dewar was “not justice at all” after the 43-year-old walked free at Dundee Sheriff Court.
Sheriff Alistair Carmichael deferred sentence on Dewar until April and told him to be of good behaviour after he admitted the assault in the Tesco Express on Strathmartine Road last month.
Mr Wemyss said he was still suffering as a result of the attack and that the court’s decision was “terrible”.
“I don’t think much of that at all,” he said. “It’s not any good for me. I never deserved what happened to me and he’s getting off scot-free.
“It’s not justice at all it’s terrible. It’s not very good, it’s a big shock.
“It shouldn’t happen to anyone and I’ve still got a sore eye yet.
“I don’t read so well now and I don’t enjoy watching the TV so much, I’ve got a nip on the side of my eye now.”
The court heard how Mr Wemyss had entered the store on his mobility scooter but his path was blocked by Dewar.
He asked him to move so he could get past, but instead an argument broke out.
Depute fiscal Muhamad Sadiq told Dundee Sheriff Court: “At this point the complainer shouted ‘go on, hit us’.
“The accused then struck the complainer in his face with the shopping basket he was carrying. That resulted in a cut above the left eye.
“The complainer shouted for help and staff attended as the accused left the locus.
“CCTV was reviewed and a press release issued in an attempt to trace the accused. He later handed himself in to a police office.”
Dewar, of Hepburn Street, Dundee, pleaded guilty on summary complaint to a charge of assault to injury carried out on November 20.
Sheriff Carmichael said: “I’ve read the social work report very carefully and I’ve looked at the circumstances of the case.
“I’m simply going to continue this for three months for you to be of good behaviour.
“It seems this is a one-off situation and not really in character and I want you to prove that to me.
“If you have been of good behaviour you will most likely be admonished that’s simply a warning.”
Paramedics stitched the cut on Mr Wemyss’ face while police took statements from shocked onlookers.
Mr Wemyss added: “I am diabetic and I’ve had 25 operations on my legs, so I didn’t think it’d come to that for him to hit me.”