Man fined for assault

Jun 2 2011 by Debbie Hall, West Lothian Courier

A MAN who assaulted a clubber outside a Bathgate nightspot has been fined and ordered to pay compensation to his victim after he appeared in a local court.

Andrew Whitelaw (21), of Glasgow Road, Bathgate, admitted assaulting the man in an incident outside Chalmers nightclub on November 19 last year.

Livingston Sheriff Court this week heard how Whitelaw punched his victim outside the club, causing him to fall to the ground where he then continued to hit him.

Depute Fiscal Sarah O’Gallagher told Livingston Sheriff Court that the victim and a friend were walking towards their car when Whitelaw approached them and tried to strike up a conversation.

She told the sheriff court: “The accused moved forward, closer to the complainer and punched him to the face causing him to fall to the ground where he continued to punch him.

“This carried on for a short time until staff from the nightspot intervened.

“The complainer had attempted to fend the accused off and didn’t want to fight.

“After the incident he received medical attention and was found to have tenderness to the left side of his face around his eye socket and limited eye movement.”

The depute fiscal said that a later X-Ray showed a crack to his cheek and swelling.

Whitelaw’s solicitor Gerry Whitton said drink had “played a part” in his client’s actions on the night.

He continued: “There had been some difficulties in the past between the two.

“My client was on his own in the public house when the victim came in with a friend and matters seem to have developed from there.

“Words were spoken between them and my client, having had a lot to drink, is vague about what occurred and can’t remember who struck first.”

Ordering Whitelaw to pay his victim £400 in compensation and fining him £200, Sheriff Donald Muirhead told the accused: “This incident seems to be quite out of character.

“You have now discovered something about yourself that when you drink you can get a bit violent.

“It seems as if the injuries to the victim were fairly nasty and hopefully that will mean you won’t be doing this sort of thing again.”