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 26 April 2008   Latest News
       

 
Sheriff’s anger at Crown ‘contempt’

Sheriff Davidson.

PROSECUTORS WERE accused of appearing to treat victims of serious attacks with contempt by a Dundee sheriff yesterday.

Sheriff Richard Davidson was stinging in his criticism of the decision to bring an assault case—that involved kicks to a man’s head—before his court as a less-serious summary matter.

He spoke out after the trial of Darren Clark (18), Strathmartine Road, and Craig Scott Galloway (19), Stirling Street, who had denied the unprovoked attack on Nicholas Stark at a house in Mary Slessor Square on June 2.

Sheriff Davidson found Galloway guilty of assaulting Mr Stark by repeatedly punching and kicking him and repeatedly stamping on his head and body.

He found Clark guilty of assaulting him by repeatedly kicking him and repeatedly stamping on his body, all to his injury.

He also found Galloway guilty of assaulting Lynsey Smith by punching her on the face to her injury. Miss Smith went to the aid of Mr Stark, the court heard.

Sheriff Davidson expressed outrage that the matter was dealt with so leniently by the Crown.

Although Mr Stark did not suffer permanent damage in the assault, the sheriff said, “What some representatives of the Crown appear incapable of understanding is that the potential for fatal injury or permanent brain damage is always there when kicks to the head are involved.

“Why they do this, with the contempt for the victim suggested by bringing it by way of a summary complaint, I do not know.”

He told Clark and Galloway, “You have been found guilty of a shocking and completely unprovoked assault on what seemed to be a perfectly decent, quiet young man who had done no more than pursue an interest in a young lady that had the misfortune of leading him into this house.

“He was doing nothing that justified being attacked and nothing that justified something that might have caused permanent injury.

“All Lynsey Smith did was come to her friend’s assistance,” the sheriff added.

“It is loathsome and disgusting to strike a woman, particularly one doing no more than help her friend. These are serious offences and it is a matter of disappointment to me that they are on summary complaint.”

He deferred sentence to May 23 for reports and remanded the men in custody.

The Crown Office was asked to comment on the sheriff’s remarks last night, but had not done so at the time of going to press.

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