A 21-year-old who broke a man’s jaw by punching him was ordered to pay his victim £1,200 compensation.
Michael MacPherson was also sentenced to a 12-month community payback order with 200 hours of unpaid work.
MacPherson, of Kirkfield, Kelso, appeared on indictment and admitted assaulting a man by punching him on the head to his severe injury at Fairway Court in the town on June 3.
Procurator fiscal Graham Fraser said the assault happened during a confrontation between the accused and his 22-year-old victim, adding: “There is some background involving a former girlfriend of the victim.”
The two men came face-to-face and started arguing.
“Both pushed each other and a punch was thrown by the accused which struck the complainer on the face, with the force taking his feet from underneath him,” continued Mr Fraser.
The girlfriend’s mother came out of her house and intervened, separating the two men.
The following day the victim went to his doctor complaining of pain to his jaw and was referred to Borders General Hospital where an X-ray revealed two breaks. He then underwent an operation at St John’s Hospital in Livingston.
MacPherson told police he was angry, but made no reply to caution and charge.
Defending, Maureen Sinclair said her client had taken the break-up with his ex-girlfriend very badly. There had been some pushing and shoving between the two men.
“It was all over some comment on Facebook, where he said ‘you hit like a girl’. This was misinterpreted by the complainer,” she added.
ADMONISHED FOR ASSAULT
A Kelso man who assaulted his ex-partner at a nightclub has been admonished.
Christopher Chlopas, 34, of Grovehill, appeared from custody at Selkirk Sheriff Court on Monday and pleaded guilty to pushing the woman at The Vibe, Vault Square, Kelso, the previous day.
The court heard how the couple’s 12-year relationship ended acrimoniously. Both were in separate groups at the nightclub when, just after midnight, the accused approached his former partner and asked to speak to her.
“She didn’t want to speak to him and was upset. He pushed her as she tried to walk past and she stumbled back,” said depute procurator fiscal Tessa Bradley.
Defence solicitor Iain Burke said his client had little recollection of the incident, adding: “There was no injury. He spent the night in custody and is extremely apologetic.”
A WASTE OF POLICE TIME
A drunken man wasted police time by claiming to have been assaulted by his partner.
David Allan reported a domestic assault at 2.30am and officers found him with a bloody nose. It later emerged he had fallen over while drunk.
Allan, 29, of Bowden Road, Newtown St Boswells, admitted wasting police time at a house in Rennie Court, Kelso, on September 8.
Tessa Bradley, prosecuting, said officers also noted signs of a disturbance in the house, but the accused later confessed it was “always messy”.
Allan said he had returned from a night out with friends and his girlfriend assaulted him after an argument.
Ms Bradley said that, two days later, a letter was received from the accused admitting he had made up the story and sustained his injury after falling in the street.
He apologised for wasting police time, describing himself as “a drunken idiot”.
His lawyer, Iain Burke, explained: “He had been put out of the house that night and fell when he was drunk. He went to the police station the next day to try to make amends.
“When he was asked to explain the disturbance in the house, he said that it was always messy.”
Mr Burke said Allan, a plumber, was still with his partner, adding: “She had put him out as he came home drunk.”
Allan was fined £200.
HUNGRY HAWICK THIEF
A thief stole from a supermarket, saying he was hungry.
Barry Hayward, 32, of Howdenbank, Hawick, appeared from custody and admitted stealing food, light bulbs and razors from Sainsbury’s in the town’s Commercial Road on Saturday. The stolen items, worth £26.89, were recovered.
His solicitor, Iain Burke, told the court: “He said that he was hungry and had no food in the house. He took these things in a moment of madness.”
Sentence was deferred for six months for Hayward to be of good behaviour.
DRIVER BAGGED BY DNA
A DRIVER whose DNA was found on a car airbag after it inflated during a crash has been fined £600.
Brian Aitken, 42, of McLaren Court, Hawick, admitted taking and driving away a car at Hassendean Court, Hawick, without the owner’s permission on July 1, 2012.
The car was spotted during the early hours of the morning by a paramedic.
Tessa Bradley, prosecuting, said: “It was stuck on some grass and two males were trying to push it. He noted the details of the vehicle and contacted police.”
Officers followed the vehicle tracks and found the car crashed into a wall, with three men present.
“The accused said he had no idea how the vehicle had crashed and the police told him he had been seen getting into the car. DNA was taken from the airbag which had inflated and had blood on it,” added Ms Bradley.
She revealed:“He said he had been in the car, but couldn’t remember much of what had gone on.”
Defence solicitor Mat Patrick described the offence as odd, adding: “He doesn’t really remember being in the car, but his plea is on the basis of what others have told him. He got out of the passenger seat when the police came.”
Mr Patrick said Aitken, a builder, remained good friends with the car owner.
REMANDED IN CUSTODY
A DRUNKEN man seen accosting passers-by for money and cigarettes has been remanded in custody for reports until March 21.
Dean Smith, 25, of Beech Avenue, Galashiels, appeared from custody and admitted breaching a Sexual Offences Protection Order (SOPO) banning him from consuming alcohol, at Marigold Bank in the town on March 6.
“His SOPO prohibits him from purchasing or consuming alcohol,” explained depute procurator fiscal Tessa Bradley.
She went on: “At 8.15pm, police received a call from a member of the public saying that the accused was loitering outside The Woodcutter pub, asking passers-by for money and cigarettes. An off-duty special constable also saw him loitering outside the Spar shop doing the same thing.”
Officers found Smith smelling strongly of alcohol.
Defending, Mat Patrick said his client was an alcoholic, adding: “This causes him some difficulty as he has not overcome his addiction.”
PUB POOL CUE ATTACK
A 46-year-old, found guilty after trial of assaulting another man with a pool cue, has been sentenced to a community payback order with 100 hours of unpaid work, and ordered to pay his victim £250 compensation.
William Clamp, of Burnfoot Road, Hawick, denied assaulting a man to his injury at The Red Lion, Crawford Street, Kelso, on March 16 last year.
“Having heard all the evidence, I am satisfied that the accused did commit the assault as libelled and has not established a case of self-defence,” said Sheriff Derrick McIntyre.
Rory Bannerman, defending, said it was 23 years since Clamp’s last offence and he had spent a weekend in custody as a result of the allegation, adding: “There was some aggravation and it wasn’t premediated in any way. He lost his temper.”
BREACHED HIS BAIL
Breaching his bail by failing to report at Galashiels police station cost Thomas Muir a £100 fine.
Muir, 30, of St Andrew Street, Galashiels, admitted committing the offence on a number of occasions between December 14 and March 8.
Prosecutor Tessa Bradley said: “He failed to sign on at the police station eight times and was arrested for breaching his bail conditions.”
Defending, Iain Burke said Muir, a joiner, had been to the police station, but found no one there, and also missed attending through work.
EWE SUFFERING CHARGE
A MAN accused of causing unnecessary suffering to a pregnant ewe will stand trial on June 10.
Darren Brookshaw, 47, of Dryhope Farmhouse in the Yarrow Valley, denies deliberately striking an in-lamb ewe with a vehicle at Kirkstead Farm, Yarrow, on December 17, whereby it sustained a spinal fracture and posterior paresis, and leaving it alive and unable to rise overnight, and failing to obtain veterinary treatment, whereby it required to be euthanised on welfare grounds .
An intermediate hearing was set for May 12.
DISQUALIFIED FOR 12 MONTHS
A DRIVER who was more than twice the alcohol limit has been fined £500 and banned from driving for 12 months.
First offender Anders Cameron, 20, of Grafton Bank, Yetholm, admitted driving a car on the A699 between Maxton and Kelso, near Rutherford junction, on February 9 with a breath/alcohol reading of 71 mcgs – the legal limit is 35.
HOMOPHOBIC REMARKS
A HAWICK man – found guilty of making offensive, homophobic and racist remarks – had sentence deferred until June 5 for a social enquiry report.
Ronnie Brown, 21, of Charles Street, denied behaving in a threatening or abusive manner and challenging others to fight at Charles Street on July 1.
“He accepts he acted inappropriately ,” said Rory Bannerman, defending.