A train driver who left a stranger scarred for life after booting him on the head several times has been ordered to pay £3,600 compensation to his victim.
The £45,000-a-year ScotRail driver from Forfar was also ordered to carry out 225 hours unpaid work as a direct alternative to a prison sentence.
Justin Lennon knocked Maurice Ross out cold after being thrown out of a pub for being drunk and disorderly and continued to rain blows on him.
Witnesses described Mr Ross, from Orkney, as being lifeless and unable to defend himself while Lennon repeatedly kicked him in the head.
Victim lost consciousness
Lennon, 42, of Ivy Road, admitted attacking Mr Ross and rendering him unconscious during the incident outside the Burns Bar in Forfar on June 15 2019.
He admitted repeatedly punching the complainer to the head, causing him to fall, before punching his head and body and rendering him unconscious by repeatedly kicking his head.
Fiscal depute Gavin Burton told the court: “The accused was heavily under the influence and appeared to be disturbing other customers.
“After around ten minutes, a member of staff informed the accused to leave due to his behaviour within the bar.
“He was guided out of the bar by a member of staff, as well as Mr Ross, who had come to assist the bar staff.
“The accused repeatedly punched the complainer to the face, causing him to fall to the ground. Whilst he was on the ground, the accused continued to repeatedly punch him on the head and body and repeatedly kick him on the head, causing him to lose consciousness.
“A member of the bar staff shouted at him to stop, at which point the accused walked away. The complainer had a 3-4cm laceration on top of his head and that will leave a permanent scar.”
Assault caught on CCTV
Solicitor Sarah Russo, defending, said her client had been working for ScotRail for 14 years and had been given a positive character reference by his employer.
She said: “He has a strong work ethic and provides financially for his family. The circumstances are that he had been out drinking during the day with friends.
“His friends tried to persuade him to go home, but he went into a public house in Forfar and carried on drinking,” she told Dundee Sheriff Court.
“He has very little recollection of events because he was extremely under the influence of alcohol and describes himself as intoxicated.
“CCTV footage captured some of this. It appears clear from the footage that prior to the incident he had been asked to leave and was co-operating with this.
“The complainer, who was another patron, became involved and tried to push him. He pushed Mr Lennon out into the street.
“He could be seen pushing him on a number of occasions before punching him to the chest, causing him to stumble back. It was at this point he acted in the manner he did.
“He has expressed remorse and is shocked that he behaved in such a manner. He has been extremely worried about this case.
“He has put positive changes in place in respect of his alcohol consumption. This was completely out of character.”
Sheriff Paul Brown was told that Lennon’s shift patterns and a shortage of train drivers meant he would be unable to fulfil a court-imposed curfew without losing his job.
“This is a serious offence which engages the custodial threshold,” the sheriff said. “I note your remorse, your strong work record and a positive character reference from your employer.”
