A Kirkcaldy man who left his victim severely injured claimed it was “his fault” for being a “right wing Rangers b*****d,” a court was told.
Colin McGuire, 45, attacked two men at Kirkcaldy bus station and left one with a fractured nose and in need of hospital treatment on November 5, 2020.
He repeatedly punched and kicked John Dryburgh on the head and body and narrowly avoided being sent to prison when he appeared in the dock for sentencing.
Sheriff Elizabeth McFarlane instead imposed a restriction of liberty order which means McGuire must stay at home from 7pm to 7am every day for the next six months.
The sheriff told him she did not think she could be criticised for sending him to prison when she read about him kicking and punching someone to the head.
McGuire interrupted to say “it was just once”.
The sheriff replied: “Do some research and find out how lucky you are just appearing in front of me and not in front of a High Court judge.
“You can be grateful, whether it was once (or more), that it has not resulted in the death of this gentleman.
“You are lucky I’m not sending you to prison today.”
‘I’m going to kill him’
At Kirkcaldy Sheriff Court, McGuire admitted assaulting Mr Dryburgh to his severe injury and Michael Anderson to his injury.
Procurator fiscal depute Laurelle Johnstone told the court the pair had been in The Exchequer Pub in Kirkcaldy High Street, drinking and watching the Rangers play Benfica on television, before going to the bus station at around 10pm.
McGuire, of the town’s Rosabelle Street, approached Mr Dryburgh and punched him in the face, causing him to fall to the ground.
The depute fiscal said: “The accused thereafter continued to punch him five or six times to the face.”
Mr Anderson tried to stop McGuire but was also punched and as he got back to his feet, saw the accused kicking his friend in his face.
Ms Johnstone continued: “He was saying to him, ‘it’s his fault he is a right wing Rangers b*****d’ and saying ‘I’m going to kill him’.”
Police were called and Mr Dryburgh was still lying on the ground when they arrived about ten minutes later.
Victim needed CT scan
He was taken to hospital and found to have multiple cuts to his face.
A CT scan showed he had a fracture to his nose and his wounds were steri-stripped.
Mr Anderson was left with a cut above his right eyebrow, a swollen right eye and a cut to his forehead.
The court heard when McGuire was traced and charged his reply was “I’m sticking up for myself”.
Defence solicitor David Cranston said McGuire claimed while he approached the two men, the first punch was thrown by one of the Crown witnesses who also dropped his bag, perhaps indicating his readiness to fight.
He said his client does not accept the remarks that were made and said he does not support any of the ‘big teams’.
Mr Cranston suggested the incident was brought about by behaviour at the pub and the bus station, where people supporting teams outside of Scotland got involved in an argument.
Portuguese team Benfica had been playing Rangers that night in the Europa League and the match finished 3-3.
Mr Cranston added: “It’s fair to say Mr McGuire really does regret he did not just walk away and get on the bus and thus he has jeopardised his liberty.”
