Assault in take away shop landed three friends in trouble

Apr 21 2011 by Alistair Watson, West Lothian Courier

AN assault in a takeaway shop landed three friends in trouble.

Mother-of-one Jemma Kelly launched a vicious assault on her victim in a takeaway shop in The Mall, Craigshill before her partner William Ritchie and friend Jordan Marsden joined in.

Livingston Sheriff Court heard the victim, Bernadette Maloney, had been in the shop with a male friend at around 10.30pm when they noticed a group of people outside.

“The accused Kelly then entered and an argument ensued between Ms Maloney and Kelly,” fiscal depute Wendy McDonald told the court.

“Kelly began to punch Ms Maloney to the head and body, she fell to the floor and the other two witnesses started to assault her also.”

The court was told the three attackers were ushered outside by staff however Kelly reentered the shop and continued her assault.

“At this point she was joined by accused Marsden. Kelly and Ms Maloney had struggled at this point and both fell to the floor.

“As Ms Maloney was lying on the floor Marsden had a kick at her. Ritchie then pulled Ms Maloney away from Kelly and proceeded to punch her several times.

“Members of the public intervened to separate the complainer from the accused and when police arrived at the shop they found Maloney visibly upset and with a bloody face.”

All three attackers were taken to Livingston Police Station.

Kelly, 26, and 24-year-old Ritchie, both of Beech Grove, Livingston, and Marsden, of Deans South all pled guilty to the assault.

Kelly’s solicitor, Glenn Fraser, said his client was someone who had “had an extremely difficult time.”

He added: “Despite that she seems like a young lady who has made the best of it and seems to be going in the right direction.

“This seems to have come about for a number of reasons. She had just had a baby five weeks before and was recovering from the birth and this was the first night she had out since then.

“She took a drink and that was her first for some time. She has never acted like this as an adult.

“She told police officers she would not have committed the offence had she not been drinking.

“She is appalled at her behaviour.”

Ritchie’s solicitor, Ian Smith, said his client had only got involved in the latter part of the assault.

“He regrets being involved. He should have separated them but should not have struck her,” Mr Smith said.

“He accepts this matter is serious for him because of his previous conviction despite his limited actions.

“He and his partner were out celebrating what should have been the happy occasion of the birth of their child.”

Mr Fraser, also representing Marsden, said her involvement wasn’t premeditated.

“She was caught up in the incident,” the solicitor added. “She is a young woman who has not troubled the court apart from this offence. She is a responsible, mature young woman.”

Ordering Kelly and Marsden to carry out 180 hours of community service and sentencing Ritchie to 150 hours, Sheriff James Gilmour said all three had been in danger of going to

jail for their involvement in what he described as a “gang attack”.