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Kelso clubber’s online apology

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A drunken man apologised to his victim on social networking site Facebook after biting him on the face in a Kelso nightclub.

Twenty-two-year-old Marc Swan, of Grovehill, Kelso, admitted assaulting the man by biting him on the face to his injury at Gemini 1 on July 21 last year.

At a previous hearing, prosecutor Kate McGarvey told how the complainer and the accused shook hands before the man pulled Swan towards him and the accused bit him on the side of the face.

“There was an obvious mark just in front of his ear, which was more of a graze and wasn’t bleeding,” said Ms McGarvey.

The victim told police he hadn’t provoked any trouble.

Ms McGarvey said the man confirmed there had been a conversation between him and the accused on Facebook.

“He said he had accepted his apology and didn’t want any further trouble,” added the prosecutor.

Rory Bannerman, defending, said his client had apologised to the victim very quickly after the incident.

The solicitor went on: “It would appear that the complainer accepted that apology. The complainer grabbed his arm and, when he wouldn’t let go, he bit him beside his ear, which left a graze that had healed about a day later.”

Mr Bannerman added: “I am not blaming the complainer for what happened, and my client appreciates this is not acceptable behaviour. He is said to be disgusted with himself and says he was an idiot, and has learned his lesson.

“There was no planning involved, and he is shocked by what he did.”

At Jedburgh on Friday, Sheriff Derrick McIntyre sentenced Swan to a 12-month community payback order, with a condition he pays the victim £500 compensation.

He was also ordered to complete 180 hours of unpaid work.

The sheriff told him: “This is your third conviction for assault and I would have been thinking about jailing you, but instead am imposing a robust community disposal.

“If you don’t co-operate, you can expect to go to prison.”

Swan was also fined £100 after pleading guilty to failing to appear at Jedburgh Sheriff Court on November 29.


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