Fine for a Kirkcaldy man who carried out a 'vicious assault' at a town bowling club

A Kirkcaldy man who carried out a ‘vicious assault’ at a town bowling club has been fined and ordered to pay compensation to his victim.

By A Court Reporter
Monday, 17th January 2022, 12:14 pm

Stephen Stewart, of Culzean Crescent, appeared before Sheriff Alison Michie at Kirkcaldy Sheriff Court on Thursday.

Stewart, 60, admitted that on October 23, 2021 at West End Bowling Club, Milton Road, Kirkcaldy he assaulted a man by repeatedly striking him on the head and body and kicking him on the body to his injury.

The Procurator Fiscal Depute told the court: “At around 7.00pm on October 23 the complainer and the accused were at the bowling club to celebrate the accused’s birthday.

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The case called at Kirkcaldy Sheriff Court.

"At 1.15am a taxi was called for the accused and his partner and for the complainer and someone else to share the taxi home. Two witnesses had gone outside to see about sharing the taxi and at that point, they went back in to get the accused and the complainer.

"They noticed the complainer was lying on the ground and the accused was hitting him. There is nothing in the narration to say how the altercation came about.”

The depute continued: "The complainer went to A&E at Victoria Hospital, Kirkcaldy where he was given an X-ray which showed he had a dislocated shoulder and possible fractures but it is unclear if these were caused when he fell or if they were a result of the assault.

"In reply to caution and charge the accused said ‘I’m sorry, I can’t say sorry enough’.

West End Bowling Club, Kirkcady.

The depute added that the complainer also sustained cuts to his face and a head injury.

Sheriff Michie was shown video footage of the assault in court.

Stewart’s defence lawyer said her client and his wife have been friends with the complainer for 16 years.

She said they had been at the bowling club at a party for her client’s birthday and that his wife has continued being friends with the complainer’s wife since the assault.

She said it appeared that an altercation had happened inside the club: “His actions were completely out of character. He is a first offender with no outstanding cases,” she said.

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Sheriff Michie said: “I counted at least ten punches, two kicks to the body and a third kick to the lower back, this was quite a vicious assault."

She told Stewart that she was aware he has little recollection of what happened due to the consumption of alcohol.

However, she added: “Watching the video footage I could see there were ten strikes to the body while the complainer was lying on the ground. This was a vicious assault. It is a serious offence, but I accept that this was an isolated incident and that there will be no repetition of this - for these reasons I am going to impose a financial penalty.”

Sheriff Michie fined Stewart a total of £420, reduced from £600 as he had pleaded guilty at the earliest opportunity and she also ordered him to pay £500 in compensation to the complainer.

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