Men dressed as superheroes start fight with rival football fans on a busy train heading to Linlithgow

Apr 28 2011 by Alistair Watson, West Lothian Courier

THREE men dressed as superheroes started a fight with rival football fans on a busy train heading to Linlithgow.

One of the thugs threw a bottle of Buckfast during the melee which broke a man’s nose and eye socket, while the other two hurled sectarian abuse at fellow passengers.

Darren Kelly, Michael McGookin and Gary Miller were dressed as Bananaman, a hippy pimp and Spiderman at the time.

Livingston Sheriff Court heard they had been drinking all day in Edinburgh to celebrate the birth of 25-year-old Miller’s child and decided to go in fancy dress as it was Hallowe’en.

They were in the front carriage of the 8.34pm Edinburgh to Dunblane train when their 47-year-old victim boarded the train accompanied by his 15-year-old son and two friends aged 45 and 47.

“They had been at a Hibs football game. They had consumed alcohol and were wearing football colours,” senior fiscal depute John Barclay told the court.

“The complainers sat down at the next group of tables to these men in fancy dress and started playing cards.

“The accused men were extremely drunk and loud.

“They were drinking bottles of beer and singing Rangers songs. They directed abuse at the table where the complainers sat and made sectarian comments such as ‘Fenian’.

“The 45-year-old victim said he didn’t want any bother and added: ‘I don’t even support Celtic’.”

However the court heard the abuse continued and minutes later the man was struck to the left side of his face by one of the group.

His teenage son leapt to his father’s aid and others became involved in the fight and blows were exchanged.

“The complainer tried to stand up and defend himself but felt more blows hit him during the course of the melee on the train,” Mr Barclay said.

“Darren Kelly then threw a bottle of Buckfast which hit the complainer on the forehead. He brought his hands up to his face and realised it was covered in blood.

“He was grabbed by his friend and taken to a safe location at the end of the carriage near to the driver’s cabin.”

The violent incident caused terrified passengers to take refuge in other carriages and only came to an end when the communications cord was pulled on the train and the conductor called the police, who were waiting for the men at Linlithgow train station.

The victim was taken to hospital where he was found to have a broken nose, eye socket and suffered a 3cm scar above his left eyebrow.

Last week at the court Kelly, whose address was given as Wallace Place, Fallin, pled guilty to culpably and recklessly throwing the Buckfast bottle.

The Crown accepted that he had not been involved in making sectarian remarks.

McGookin, 25, of King Street, Fallin, admitted committing a breach of the peace, engaging in a fight and repeatedly uttering sectarian remarks.

Miller, of Stirling Road, Fallin, admitted committing a breach of the peace and repeatedly uttering sectarian remarks.

Kelly’s solicitor, Kenneth Dalling, said his client didn’t have a history of assault.

“Clearly this was a very stupid act indeed,” Mr Dalling added.

“He regrets his behaviour. It could have been much worse than it was.”

McGookin’s solicitor, Alastair Ross, said his client was “ashamed” of his behaviour.

“He knows behaviour of this sort cannot be tolerated,” he added.

Virgil Crawford, acting for Miller, said his client had made sectarian comments but had not played a part in the fight.

“He appears to have been shocked at the way matters then developed,” Mr Crawford said.

“He is thoroughly ashamed of his behaviour.”

Sentencing the trio Sheriff Grahame Fleming said: “In my view the use of deterrent sentences including imprisonment are required to discourage these type of public disorder offences which must have been terrifying to the ordinary citizen travelling on the train that night.

“I also take the view that in your case Mr McGookin and Mr Miller the court must send a clear message that religious aggravated conduct will not be tolerated.

“However, sentences of imprisonment can only be used if there is not an appropriate alternative. It is with some hesitation that I feel there is an alternative to custody.

“It has been said that people say while drunk what they are afraid to say while sober and the language used by you on this occasion was quite deplorable.”

Sheriff Fleming sentenced Kelly to 220 hours’ community service for his part in the incident.

McGookin was put on probation for a year and ordered to attend counselling on religious prejudice and ordered to do 160 hours of unpaid work in the community.

Miller was also placed on probation and sentenced to 80 hours of unpaid work.