A killer driver who served additional jail time for getting behind the wheel when banned has appeared back in the dock over an assault at an Angus secondary school campus.
Halim Cholmeley’s presence at the Forfar community campus was described as being like a “moth to a flame” to another man with whom he became involved in “handbags at dawn”, before punching him in the face.
Forfar Sheriff Court heard the 44-year-old had been provoked with a racial taunt and other abuse but was criticised by a sheriff over what he said was the “significant” aggravating factor of a child witnessing the incident.
Cholmeley, of Osprey Drive, Forfar appeared before Sheriff Gregor Murray for sentence having previously admitted assaulting another male at Forfar community campus on March 23 by punching him on the head to his injury.
Depute fiscal Stewart Duncan said the victim of the attack was not happy when Cholmeley appeared at the campus and words were exchanged, before the accused hit the complainer, causing his nose to bleed and a superficial cut.
A janitor intervened and when police interviewed the accused he told he had been subjected to a racial comment.
Defence solicitor William Boyle said: “I am not minimising this in any way but it looks like handbags at dawn.
“They are sort of jostling each other and then it becomes more serious with the one blow.”
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He added: “When they were squaring up to each other words were exchanged, about race and another matter.”
The other matter cannot be reported for legal reasons.
Sheriff Murray told him: “I accept your client has a brief, bad record, but he has nothing to show him to be a man of violence.”
He said to Cholmeley: “I am aware of a good deal of the background. You are quite right to accept your presence there was the moth to the flame.”
He was fined £500.
In 2009, Cholmeley was jailed for six years at Edinburgh High Court for causing a crash on Dundee’s Kingsway which claimed the life of Perth taxi driver Gavin McCabe.
