Thug handed community service after nightclub fracas

Dec 31 2009 by Alistair Watson, West Lothian Courier

A SHERIFF took pity on a man who fractured his victim’s cheekbone in a nightclub fight saying it was a case of “being in the wrong place at the wrong time”.

Alastair Russell struck the other man to the right side of his face once causing him to fall to the ground in the taxi queue outside Club Earth in Livingston on September 21 last year.

When his victim, who had been out celebrating at an 18th birthday party, was taken to St John’s Hospital it was discovered he had a fractured right cheekbone.

Senior fiscal depute Helen McCannell told Livingston Sheriff Court: “He underwent surgery at a later date which included a metal plate being fitted under his right eye.”

She added: “When the complainer was struck he fell to the ground.

“It is not clear whether the injury was caused by the strike of the hand or if it was when he hit the ground.”

Last week Russell, previously of Whitburn but now of Bathgate, pled guilty to the assault to severe injury.

His solicitor, Gerry Whitten, told the court it was a very unfortunate case.

He added: “The incident was unfortunate from the side of Mr Russell and the victim who suffered this injury.

“However, had it not been for that unfortunate injury this would not have been prosecuted on a solemn complaint.

“When they arrived at Club Earth one of his friends was confronted by friends of the complainer and accused of carrying out an assault earlier in the evening.

“It was very much a case of mistaken identity.

“As a result my client’s friend was assaulted within the club and was then asked to leave.

“My client made arrangements with the door steward to go out and check on his friend and fully expected to go back in.

“He saw that his friend was injured and was concerned at the aggressive nature of the people outside.

“When the complainer moved towards his friend he thought there was going to be more trouble.

“He hit him on the side of the face with an unclenched fist.”

Mr Whitten added: “He has no previous convictions against him and no outstanding cases.

“He has never used drugs and doesn’t have a difficulty with alcohol and is now wary of going out.

“He has, of course, expressed regret about the incident and the injury suffered by the victim of the assault.

“I think I can safely say that when he struck him he didn’t mean to injure him and it was a completely unfortunate consequence.

“In my submission he shouldn’t go to prison as in normal circumstances the action he took would never had seen him appear on indictment.”

Sheriff Donald Muirhead agreed with the solicitor and spared Russell a prison sentence.

Instead he ordered the 25-year-old to carry out 150 hours of unpaid work in the community for the offence.

Sentencing him Sheriff Muirhead added: “I think it is obvious that one way or another, whether it is because you banged his face hard enough or he banged it off the ground, you caused him a substantial injury.

“On the other hand I do have the feeling that, standing your record and other elements of your character, there is something of being in the wrong place at the wrong time involved in this case.

“It does seem to me given the nature of the circumstances and the fact you were prepared to plead guilty to this charge at a very early stage that it would be unfair to send you to jail.”