A delivery driver rocked “sleepy” St Monans after stamping on a man’s head as a road rage incident escalated out of control.
Gavin Bain left his victim lying in the street after the brutal assault which took place as he made a drop-off in the Fife village.
He admitted that he had “lost it” as he knocked his victim to the ground and a sheriff told him he was fortunate not to have killed his victim, George Walkingshaw.
Nonetheless, he escaped with just a fine – albeit a significant one – after the court accepted it was Mr Walkingshaw who instigated the altercation.
The struggle took place on the morning of August 1 last year as Bain, 30, made a delivery in St Monans.
Dundee Sheriff Court heard Mr Walkingshaw had been exiting a driveway in his car when Bain passed in his van.
Depute Fiscal Muhammad Sadiq said: “The complainer had to take evasive action and reports that he saw the accused mouthing something at him through his window.
“He responded in a similar manner before getting out of his vehicle and approaching the accused, leading to a heated altercation.”
The pair then began to scuffle, with Bain pushing Mr Walkingshaw in “self-defence”.
Bain’s solicitor said: “If matters had ended there then we would not be here in court but unfortunately, at that point, my client had lost it.
“He went serious over the top and it is fortunate that the stamp did not lead to greater injury.
“This was a road rage incident. I don’t suppose that happens often in sleepy St Monans, but it did happen.
“It was not, however, an incident of my client’s making.
“He did not start what happened. He was subjected to some provocative behaviour.”
Bain, of Juniper Grove in Livingston, admitted assaulting Mr Walkingshaw, kicking him and stamping on his head to his injury in Station Road, St Monans, on August 1 last year.
Emergency services were called, with police officers arriving to find Mr Walkingshaw lying injured in the street.
He was subsequently taken by ambulance to Victoria Hospital in Kirkcaldy where he was treated for “bumps, scratches and bruises to his head and neck”.
Making clear Bain was aware of the serious nature of his conduct, Sheriff Simon Collins QC told him: “People have died after getting their heads stamped upon.
“It is fortunate your actions did not result in more serious injury.”
The sheriff fined Bain £750, adding that there would be no compensation order “because of the complainer’s actions”.
He said: “I accept that you were not the instigator of this incident and that you were not the first to get out of their vehicle to be confrontational.”
The court heard Bain had secured new employment with a Livingston supermarket since the incident and was also looking to undertake further education.
His solicitor said the step was an indication of “his new-found maturity, at the age of 30”.
