Man left with cracked skull in Kirkcaldy High Street fight

Marcin Tosiek punched two men after finding his own friend knocked out in the street.

Tosiek avoided a jail term when he appeared for sentencing at Dunfermline Sheriff Court.

The violent scenes were captured on CCTV and shown in court.

Tosiek (37) of Dundonald Park, Cardenden, previously admitted that on September 22, 2018 at High Street, Kirkcaldy, he assaulted Janusz Zaleski by punching him on the head, causing him to fall and strike his head on the pavement, rendering him unconscious to his severe injury.

He also admitted he assaulted Wosciech Zaleski by punching him on the head causing him to fall to the ground to his injury.

Depute fiscal Azrah Yousaf said the incident began at around 11.30pm. The two witnesses, Janusz and Wosciech Zaleski, were sitting on benches in the High Street, next to where they were living.

They were approached by the accused and another male. Two of them ended up on the ground during an altercation.

In an incident not caught on camera, Tosiek’s companion was left on the ground unconscious.

The CCTV video shows Tosiek approaching the group. They were all circling around with Tosiek holding his fists up facing three males.

His friend then made it back up to his feet and began acting aggressively.

The video then shows Tosiek knocking two men to the ground with successive punches, one straight after the other. The men are lying prone, apparently unconscious.

One of the men is then seen being repeatedly punched as he lay on the ground but the court was told the attacker was not Tosiek but his companion.

Janusz Zaleski was taken to hospital and was found to have a fracture to his skull and a haemorrhage to the brain.

Defence solicitor David McLaughlin said his client works as a joiner and has lived in the UK for seven years, with the last six years in Scotland.

He went on: “Mr Tosiek was on a night out with friends. The person seen lying in the street at the start of the video is one of his friends.

“His position is they were walking along the street and there was an encounter with some gentlemen who were unknown to them. Mr Tosiek left the area briefly then returned to find his friend unconscious on the ground.

The solicitor added: “He is a hard-working individual who has let himself down badly on this occasion and severe injuries were caused. He is sick with himself. In court today he’s been close to tears and is very remorseful.”

Sheriff Alastair Brown imposed a six-month restriction of liberty order.