Probation breach man is jailed for assault

A ROTHESAY man was jailed for 120 days at the town’s sheriff court this week for breaching the terms of two probation orders by punching a man on the head.

The court was told that Michael Docherty (20), address given as 10 Columshill Lower Terrace, approached two men at the junction of Tower Street and Montague Street at around 10pm on December 11 and hitone of them in the face.

Police officers witnessed the assault, and apprehended Docherty after a brief chase.

Docherty claimed that one of the two men had made a remark to him, and that because of the amount of alcohol he’d consumed, he over-reacted.

Docherty’s solicitor, Miss Molloy, asked the sheriff to consider removing the two probation orders which Docherty had breached, and to impose new orders which would allow him to attend drug and alcohol counselling.

Sheriff John Herald, however, declined to grant the request. He remarked: “When one looks at your record, Mr Docherty, it’s clear you have a problem. Assault and possession of weapons are among many other things in your record.”

*Three men pleaded guilty to an amended charge of behaving in a threatening and abusive manner to two people in Rothesay town centre over a year ago.

The court heard that on March 7, 2010, David Stewart (23), address given as 14 Longhill Terrace, Mark Cummiskey (21), address given as 153C High Street, and Ross Malcolm (25), address given as 22 Ladeside Place, had gone in a vehicle to an address in Montague Street.

There they had begun to shout abuse and threats at two people in a flat above.

One of the complainers, the court heard, had been in a relationship with Stewart, and was with her new partner at the time of the incident.

Malcolm’s agent said that while his client stood by his guilty plea, he was not directly involved, having only been the driver of the vehicle.

Robert Dundas, representing Stewart, said his client had not re-offended since the incident, and had recently got a job as a gardener - all of which, he said, “shows increasing maturity”.

Miss Molloy, representing Cummiskey, said her client acknowledged his guilt, but that his role in the incident was more out of misguided loyalty to his friend than anything else.

Sheriff Herald deferred sentencing Stewart and Cummiskey for three months, and fined Malcolm £150.

The sheriff also spoke to Cummiskey directly, stating: “This is the end of the road. Any further offending, and you will most certainly be looking at a lengthy prison sentence.”

* A Rothesay teenager pleaded guilty this week to assaulting a man in the centre of the town by punching him in the face.

Mitchell (16), address given as 10C Dewar Avenue, appeared without a solicitor, and was asked by Sheriff Herald if he would like to say anything about the incident, which occurred in Montague Street on November 5.

“I was drunk,” he replied. Asked if he had anything further to add, Mitchell replied: “I don’t know what to say.”

He was fined £100.