A 24-year-old suffered a broken back after being attacked by a drunken man, with a history of violence, as he walked along a Hawick street.
Lee Johnstone repeatedly punched his victim on the head, kicked him on the head and body, and repeatedly seized hold of him and threw him to the ground.
Johnstone, 23, of Ramsay Road, Hawick, appeared from custody on indictment and admitted assaulting a man to his severe injury in the town’s Allars Crescent on March 2.
A CT scan revealed the victim had two wedge fractures to his spine.
Procurator fiscal Graham Fraser told how the man had been walking in Allars Crescent at about 7pm when he heard someone shout and then felt a hand on his shoulder.
The fiscal revealed: “He was spun round and punched very hard on the face by the accused. The force of the blow knocked his glasses off, so he could not see properly, and was stunned.
“He tried to run away but, due to his impaired vision, ran into a barrier next to a nearby car park.”
Johnstone caught up with him, seized him by the jacket, and both men stumbled into the car park.
“He punched him a number of times to the head and face, and the blows happened very quickly,” said Mr Fraser, who added that the victim recognised Johnstone’s voice and could smell Buckfast.
“He noted he was clearly intoxicated,” added the fiscal.
The court heard Johstone kicked the man, causing him to fall over, and also fell himself. He got to his knees and punched his victim – who was unable to respond or protect himself – repeatedly to the head.
The man was still conscious, but couldn’t move his arms or hands, and Johnstone picked him up and threw him to the ground with force three or four times, then kicked him on the face while on the ground.
The accused then left the scene.
Mr Fraser said the man was dazed, disorientated, and feeling sick and was taken to Borders General Hospital by ambulance, suffering from swelling and grazing to his face and elbows, and complaining of pain to his head, neck, and spine.
Mr Fraser went on: “A CT scan revealed he had two wedge fractures to the T8 and T9 in his spine.
“Fortunately, these will not be permanent injuries.”
The fiscal said the victim believed the assault was some revenge for an unspecified previous incident.
Johnstone gave police a “no comment” interview.
Solicitor Ross Dow said his client had anger management issues and issues in relation to binge drinking.
“He is voluntarily trying to address his anger management while in prison,” added Mr Dow.
He said Johnstone had recently become a father for the first time.
Mr Dow said the assault was committed against a background of alleged behaviour by the victim.
The solicitor added:“He knows he cannot take the law into his own hands, but had been drinking and acted entirely inappropriately.”
Johnstone had sentence deferred, in custody ,until December 27 for reports.
Sheriff Derrick McIntyre told him: “This is your seventh conviction for violence, and at the time you were on a Community Payback Order for violence.
“Any prison sentence would require post release supervision, so I need a report.”
Court digest
First offender admonished
A drunken man shouted and swore, banging on the door outside his sister’s home.
First offender Declan Noade, of Bongate, Jedburgh, appeared from custody and admitted behaving in a threatening or abusive manner in Bongate on December 1.
Noade’s sister, who lives next door to the accused, was woken by an argument between the accused and his wife.
“She came out to find out what all the shouting was about and tried to calm things down,” said Procurator fiscal Graham Fraser.
Mr Fraser said Noade then went to her house and was banging on the door, threatening to break it down if it wasn’t opened.
Solicitor Greig McDonell, representing Noade, said his client had accompanied his wife to hospital after she became ill.
He told the court:“They travelled back to Jedburgh in the late evening and he made the mistake of going out and drinking before returning home after midnight.
“This is his first experience of criminal courts and he has spent a night in custody.”
Noade, who works as a timber frame fabricator, was admonished.
Jealous spat led to £210 fine
Behaving in an abusive manner at his Kelso home cost Austin Dodsworth a £210 fine.
The 35-year-old, of Inchmyre, who appeared from custody, admitted shouting and swearing on Sunday.
Dodsworth and his partner of two years had both been out when the accused became increasingly jealous and his partner headed home.
Procurator fiscal Graham Fraser explained: “He was standing on the balcony shouting, ‘you had better get up here now.’
“This was at about 2am, and she went into the flat. He accused her of cheating on him and there was a struggle between them and he told her to leave the house.
“He slammed the livingroom door with such force that a picture on the wall moved.
“Police arrived and found her clearly distressed.”
Defence solicitor Greig McDonell said the couple had been in a relationship for some two years.
He said Dodsworth, a café manager, was deeply remorseful for his behaviour.
And he added: “He had drunk too much, became jealous during the course of the evening, and was shouting and swearing.
“There was no physical injury.”
Guest’s costly mistake
A wedding guest was just under two-and-a-half times the alcohol limit, when police came across his car on a country road near Smailholm.
Simon Cossar told officers he had been at a wedding at Dryburgh Abbey Hotel and had drunk a couple of ciders.
The 35-year-old of Middlethird Farm Cottages, Gordon, admitted driving a car on the road from New Smailholm Farm to the B6397 Kelso to Earlston road, on November 2, with a breath/alcohol reading of 86 mcgs – the legal limit is 35.
Procurator fiscal Graham Fraser said police came across the vehicle in the middle of the road at around 2am.
He went on: “The engine was on and the radio playing, and he appeared to be asleep in the driver’s seat, with his feet on the dashboard.”
“He said he had been at a wedding at Dryburgh Abbey Hotel, and was on his way home.
“He would have travelled about 10 miles from Dryburgh.” .
Cossar described the offence as a costly mistake.
He was fined £400 and banned from driving for 12 months.
Breached bail order
Just three days after being released on bail, Miroslaw Skora was back in court.
The 49-year-old was granted bail at Jedburgh Sheriff Court on Friday and on Monday, at Selkirk Sheriff Court, admitted breaching the order not to return to his home at Blackburn Cottages, Grantshouse, when he was found there on Sunday .
Skora had been sleeping in his car over the weekend, but broke his bail conditions when he went home to shower and change before work.
Procurator fiscal Graham Fraser told how police noticed the accused’s vehicle parked in a layby on the A1 at about 4.30pm and went to his home at 10pm where they found the car parked outside.
Mr Fraser told the sheriff: “He was standing inside the porch and was apprehended and his partner was also taken into custody because of her behaviour.
“He had given a bail address at Chirnside on Friday.
“But it would appear he had been living in his vehicle over the weekend and had gone to the house to wash and change for work today.”
Solicitor Iain Burke, defending, said his client had planned to stay in Chirnisde.
The solicitor commented: “The lady who lives there had agreed he could stay, but her family were not happy, so he had been sleeping in his car over the weekend.
“His partner had been in touch with him and told him to come back to the house for a shower and to change for work, and that is what he did.”
Sheriff Valerie Johnston admonished the accused, warning him he could not ignore court orders.
Appeared in private
A 33-year-old man has appeared in private charged on petition with assault and robbery in Innerleithen.
Ross Gilfillan, of Lochshot Place, Eliburn, Livingston, made no plea or declaration at Jedburgh Sheriff Court last Friday, and was remanded in custody.
Denies assault on brother
A MAN, 33, who denies assaulting his brother at a Hawick nightclub and making homophobic remarks, will stand trial on March 20, with a pre-trial hearing on February 21.
Steven Shields of Duke Street, Hawick, denies assaulting his brother, David, at Base Nightclub, Baker Street, Hawick, on October 27.
He also denies behaving in a threatening or abusive manner and uttering homophobic remarks.
Shields was released on bail with a special condition not to contact his brother or to enter Base Nightclub.
No plea or declaration
A Hawick teenager has appeared in private charged on petition with having a knife in the town.
Nineteen-year-old Andrew Burnie, of Sunnyhill Road, made no plea or declaration when he appeared from custody at Selkirk Sheriff Court on Monday.
The case was continued, with Burnie released on bail by Sheriff Valerie Johnston.
Intermediate hearing set
A Hawick man who denies brandishing a walking stick, will stand trial on March 13.
Frederick Clewley, 46, of Towerknowe, denies behaving in a threatening or abusive manner at Northcote Street, Hawick, on June 21, and having an offensive weapon – a walking stick.
An intermediate hearing was set for February 14.
Admitted theft of charity box
A Hawick man stole a charity box from a local butcher’s shop.
Artur Maciaga, 39, of Fairhurst Drive, admitted stealing the box from Huttons Butcher in Howegate on November 20.
Five days earlier, on November 15, he also admitted stealing alcohol from the Co-op in High Street, Jedburgh.
Maciaga was on bail for shoplifting at the time of the offences.
He stole a litre bottle of vodka, worth about £20, which was not recovered.
The charity box was returned to the shop counter.
Defence solicitor Mat Patrick told the sheriff: “He had the charity box under his jacket and was challenged as he tried to leave the store.
“He apologised, put it back on the counter, and left.”
Mr Patrick said the
accused’s offending coincided with full blown alcoholism.
“He lost his employment and his marriage broke down,” revealed Mr Patrick.
Sentence was deferred until December 13 at Jedburgh Sheriff Court, when Maciaga has another case calling that day.
He was released on bail by the sheriff with a special condition that he does not enter Jedburgh unless it is to attend a court hearing.