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Abusive partner told police he had been ‘toy fighting’

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A man who drank half a bottle of whisky before attacking his partner later told police they had just been ”toy fighting”.

Andrew Butter’s victim was described as being psychologically and physically scarred, with experts suggesting she showed signs of having been subjected to years of torment.

The 22-year-old had already been convicted of assaulting Marlise Fleming in the Cupar home they shared and was on deferred sentence when he again attacked her.

Alarmed neighbours later described hearing a woman screaming and the sound of a body being pulled across the floor.

Cupar Sheriff Court heard Butter fled after the offence, saying to one neighbour he met on the way out: ”On come on, it is just a bit of domestic violence. I don’t know what you are on about.”

He was jailed for four months on Thursday after a sheriff described the offences as ”intolerable”.

Butter, of Kinbrae Park in Newport, admitted that on November 5 at an address in Cupar he assaulted Ms Fleming, repeatedly punching her on the face and head to her injury.

He had previously pleaded guilty to assaulting her on May 26, headbutting her and repeatedly punching her on the face.

Depute fiscal Nicola Henderson gave details of the November offence. She said Butter and his victim were drinking in the flat, and an argument began, then Butter grabbed her by the hair and punched her to the forehead.

Ms Fleming fell to the floor but, Ms Henderson said, ”While she was lying on the ground trying to protect herself, he struck her more than five times on the body and head.”

Neighbours heard banging and a female screaming.

”They could hear somebody being dragged then a loud thud followed by further screaming,” she said. ”Ms Fleming could be heard saying, ‘Oh my God you are going to kill me please do not hit me’.”

After seeing how badly hurt his victim was, Butter called 999 himself before leaving the property. It was when he met a neighbour on the stairwell that he described his actions as ”just a bit of domestic violence”.

Emergency crews found Ms Fleming in a ”very distressed” state.

Ms Henderson said: ”She was hyper-ventilating, crying and clearly terrified. Ms Fleming was advised to attend hospital but refused… so police officers took her to her mother’s house.

”In the opinion of police officers she had been subjected to serious psychological abuse as well as physical abuse. It would appear Ms Fleming had been subjected to abuse over a number of years.”

Butter was detained a short time later. ”He indicated that the pair were toy fighting and that he took it too far,” the depute fiscal said.

”The accused said he had consumed half a bottle of whisky that evening and that he was probably intoxicated.”

Ms Henderson continued: ”The police say they fear for the complainer’s psychological well being as she appears to be in a very fragile state due to ongoing psychological abuse from the accused.”

Solicitor Cheryl Wallace said: ”Mr Butter has expressed shame and remorse. He finds his behaviour very hard to explain.”

Sentencing, Sheriff Charles Macnair said: ”Domestic abuse is a problem which often lies under the surface. When you pleaded guilty to the original complaint in May you assured everyone it was a one-off not to be repeated.

”I put you on a deferred sentence to test that assertion and you have now demonstrated that it was not a one-off incident. It must be made clear that these kinds of offences cannot be tolerated.”

Sandra Horley CBE, chief executive of national domestic violence charity Refuge, said abuse of the type meted out by Butter has a devastating impact.

”Domestic violence is systematic, purposeful and patterned behaviour designed to control another person,” Ms Horley said.

”It is an abuse of power. Above all it is important to remember that, no matter when or how domestic violence occurs, it is a serious crime.”

She continued: ”Refuge urges the judiciary, like the Crown Prosecution Service and the police, to recognise the severity of the issue and give fitting punishment to the crime.

”Until domestic violence is recognised within society as unacceptable, the problem will continue and will grow. Domestic violence is a crime that mustn’t be ignored.”