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Ballingry man carried out bottle attack a day after release from Castle Huntly

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A cancer-stricken prisoner granted home leave from Castle Huntly had been out for only one day when he attacked a man, hitting him in the face with a full bottle of vodka.

Cupar Sheriff Court heard how Alexander Dow went on the run after the assault, being recaptured a week later.

The 26-year-old, from Ballingry, struck his victim so hard that the one litre bottle shattered in his victim’s face, leaving him with blood pouring from a number of nasty wounds.

Dow was due to stand trial before a jury when he entered a dramatic 11th-hour guilty plea, admitting that on June 17 last year, at Ballingry Road, Lochore, he assaulted James Canning.

The court heard the accused had been drinking heavily prior to the attack that left his victim in hospital.

Depute fiscal Laura McLaughlin said Mr Canning suffered facial swelling, bruising and “severe” lacerations to his cheek in the assault.

Ms McLaughlin confirmed Dow was on home leave at the time of the offence, having been granted a week-long pass from Castle Huntly open prison the day before the attack.

The accused’s solicitor, Stephen Morrison, said his client had “legged it” following the offence.

Mr Morrison said the accused was drinking at a home belonging to a man known only as ‘Hawkeye’ prior to the assault.

“Among those present was the complainer’s girlfriend,” he said. “Round about 2am the complainer arrived at Hawkeye’s house looking for his girlfriend.

“He found her sitting with another female in the company of three males. The complainer took umbrage at this and indicated to his girlfriend that she should leave immediately.

“He then left with his girlfriend trotting behind him.”

Mr Morrison said several others, including the accused, followed on.

“Mr Dow accepts he was severely inebriated,” the defence agent continued. “He saw a row developing in front of him … the complainer seemed to be remonstrating with his girlfriend.

“Mr Dow was a little concerned about what direction the argument was going in, so he struck the complainer once on the left side of the head with the bottle.”

Mr Morrison said his client panicked following the attack and went on the run.

“Mr Dow is under no illusion that will receive a custodial sentence as a result of this offence.”

The solicitor added that the accused was suffering from testicular and lung cancer, but added that he is now in remission.

Sheriff Charles Macnair sentenced Dow to 15 months behind bars.

“An assault with a bottle is extremely serious,” he said. “It is aggravated by the fact that when you committed this offence you were drunk.

“If people cannot behave themselves when they drink then they should not drink at all.

“The offence is also aggravated by the fact you were in a position of trust and were on home leave from Castle Huntly at the time.”

Dow, who has more than 40 previous convictions, was serving a four-year-and-nine-month sentence for possessing heroin with intent to supply when he was granted home leave on June 16 last year.

His failure to return to prison as arranged led to him being jailed for an additional nine months.

Dow’s earliest release date had been in February 2012. The 15-month sentence handed down on Tuesday will run consecutively with his existing sentence.

A spokesman for the Scottish Prison Service said, “We do not comment on individual prisoners.”