Court Files

Stranraer Sheriff Court Files for March 3rd and 5th 2008.

AFTER stealing a toothbrush from a Stranraer shop, a man has been told he could face custody.

John McCleary (31) of Glenorchard, Stranraer was due to stand trial on Monday for the theft of a toothbrush and toiletries from Superdrug on October 5th but plead guilty before the trial.

Reports were called for but Sheriff Tom Millar told McCleary that given his previous convictions, he could face a custodial sentence.

He said: "But your rate of offending has slowed down dramatically so I will call for reports to see if we can deal with this in a way which does not involve custody."

Lawyer Michael Kilkerr said that McCleary has recently successfully completed a drug treatment programme. He will be sentenced on March 25th.

A GARLIESTON man had an assault trial against him dropped on Monday after key witnesses failed to show up.

Gordon Patterson (39) of Randolph Crescent had been accused of assaulting a 15-year old boy and committing a breach of the peace, but when the witnesses didn't appear, fiscal depute Kay Jardine said she would accept a not guilty plea to the assault.

Instead, Patterson admitted breaching the peace by swearing at the youngster but claimed he did that following a racist attack on a friend on September 12th last year.

Lawyer Margot Nicol said that the youngster had been causing problems for an English friend of Patterson's for some time, verbally abusing him and referring to his nationality in derogatory terms.

She said: "Mr Patterson had been in the company of a friend at his home, standing in the garden when the complainer shouted, What are you doing keeping the company of that English c**t?"

Mrs Nicol said that the youth left but later returned with some friends and began gesticulating towards the men, at which point Patterson contacted the parents of the youths and even called the police.

Mrs Nicol added: "He admits he was in an agitated state by this point."

Patterson was then seen cycling past the complainer and some friends at a bus stop, and heard breaching the peace by shouting that he was sick of the boys' behaviour.

Mrs Nicol showed the sheriff character references from Garlieston businessmen and said Patterson's offending behaviour has stopped since he settled down and became married.

Sheriff Tom Millar told him: "No matter how provoked you are, it's not for you to take matters into your own hands. You did the right thing by contacting teh police and parents, but should have left it at that."

Patterson was fiend 150.

THE trial of a man accused of grabbing a man by the neck, forcing him to the groud and sitting on him was postponed this week.

James Harvey (27) of Dalrymple Street, Stranraer was due to give evidence after pleading not guilty but the complainer was unable to make it to court for the trial.

Fiscal Kay Jardne said she had no further information but would be prepared to reschedule.

The trial will now take place on May 7th.

A WIGTOWN man has been ordered to pay 1500 in compensation to a girl he punched so hard, she was forced to have a metal plate inserted into her face to save her eye.

Brian Tait (19) of Lochancroft Lane was also ordered to undertake 250 hours community service after assaulting Lynne McCreadie on May 5th last year in Newton Stewart's Goods Lane to her severe injury and permanent disfigurement.

Miss McCreadie was taken to Dumfries Infirmary following the assault where she underwent reconstructive surgery due to a fractured right eye socket.

Fiscal Kenny Grieve told the court that Miss McCreadie and her sister had been making their way up Goods Lane towards the nearby taxi office at 2.15am after a night socialising when they saw Tait and his girlfriend.

He added: "Miss McCreadie knew the girl quite well and stopped to talk when she noticed Tait and the girl were arguing. It's fair to say everyone was under the influence of alcohol.

"Miss McCreadie and the girl then began arguing, which resulted in Miss McCreadie ending up on the floor."

Mr Grieve said that as she tried to get herself up off the ground, Tait moved in and punched her hard on the face, causing a cut to her right eyebrow.

He said: "Tait then got into a waiting car and left the locus."

Miss McCreadie was taken to Newton Stewart Hospital and ultimately referred to Dumfries Infirmary at 6am when it was discovered she couldn't open her right eye.

Surgery was later carried out to insert a titanium plate below her eye and help the fractured socket repair.

Lawyer Murray Robertson said in court that this was Tait's first offence and that he had been heavily intoxicated at the time.

He went on: "There's no denying this is a serious matter, made worse by the consequences it has had on the victim. There have been no further probelms between the two and there has been no vengeance from the local community towards him."

Mr Robertson added that Tait had saved up 500 towards compensation and Sheriff Tom Millar said that this would be only part of what he would have to pay.

He told Tait: "This does seem, according to your background reports, to be completely out of character for you and the consequences weren't intentional. Most people could face custodial sentences for this type of assault but given the good references from your employer and what I have read, I can take a step back from that today."

THREE Whithorn men have admitted assaulting men in a local pub last July.

Colin Bell (27) of Greencroft admitted assaulting Thomas McCreadie at The Calcutta Inn by punching and kicking him on the head and body whilst his brother Ian Bell (18), also of Greencroft, assaulted Francis McCreadie in the same way.

Scott Hoodless (19) of St John Street also admitted punching Thomas McCreadie on the head.

Sheriff Thomas Millar called for background reports and the three will be sentenced on March 25th.

A MAN was left with a badly injured nose after being assaulted in Newton Stewart, it was heard this week.

Scott Pagan was punched on the face by Whithorn man Ryan Longridge last April 29th in Goods Lane after the pair became involved in an argument.

Longridge (19) of Kings Road in Whithorn also knocked Pagan to the ground and repeatedly punched and kicked him to his injury. The incident happened at around 12.55am after Longridge had been drinking most of the previous day.

Sheriff Tom Millar said that Longridge could do with help to tackle his drinking and anger management problems, so sentenced him to 80 hours community service with a 12-month probation order.

STRIKING a man on the head with a bottle has seen one Stranraer woman placed on a probation order.

Andrea kyle (40) of Shawfield admitted hitting Robert Lamont on the head at The Venue Nightclub on August 4th last year.

The court heard there was only a minor injury sustained as a result but that Kyle later failed to show up for two court appearances in relation to the incident.

Sheriff Tom Millar said he hoped probation would help Kyle with various aspects of her life and placed her on the order for 12 months, as well as fining her 50 for each non-appearance.

A YOUNG motorist caught driving whilst drunk after crashing into an oncoming car in Stranraer has been banned for three years.

East Kilbride man Paul McDonald (19) was also ordered to do 200 hours community service after the incident in which the driver of a car was injured when McDonald collided with him on Stair Drive last November.

McDonald had been seen to wheelspin at Port Rodie at 1.10am before driving at excessive speed and failing to negotiate a left-hand bend, crashing into the oncoming car and damaging both vehicles.

He was later found to have been driving whilst three times over the limit.

Lawyer Murray Robertson said that McDonald had been "very drunk" at the time but had only driven 150 metres up the road.

He said: "It was a huge error of judgement on his part."

McDonald had been in the area to pick up a new car and watch football but decided to leave when he became involved in an argument within a local public house. He was making his way back towards Glenluce, where he was staying, when the incident happened.

Sheriff Tom Millar told McDonald he could have faced a custodial sentence for the incident but that the terms of a background report were favourable enough to step away from that.

A NORTHERN Irish man was disqualified from driving this week after being caught doing 100mph at Glenluce.

Richard Davidson (37) from Dungannon, County Tyrone admitted speeding on the A75 last November 15th at 7.35pm as he tried to get to a departing ferry on time.

Sheriff Tom Millar also fined Davidson 300.

A YOUTH who kicked a car in Whithorn has been placed on probation for 12 months.

Christopher McQuarrie (17) of Isle Street, Whithorn admitted kicking the car when it was parked at Glasserton Court in the town on December 28th.

Lawyer michael kilkerr said that McQuarrie had written a letter, which was shown to the sheriff, which displayed "an unexpected level of maturity."

Despite McQuarrie's list of previous convictions, Sheriff Tom Millar said: "It seems you need some structure in your life so I am prepared to give you one last chance to co-operate with a non-custodial disposal."

McQuarrie was also ordered to pay 150 towards the cost of the damage caused.

A MAN has been jailed for taking indecent photos of a youngster.

Ahmad Kader (24) from London was found guilty at trial of taking the photo on his mobile phone at the Stena ferry port on January 3rd this year.

Lawyer Margot Nicol added in Kader's defence on Tuesday that he didn't send the image to anyone but fiscal Kenny Grieve asked that the phone be confiscated from Kader anyway.

Kader was jailed for three months, backdated to January 4th when he was arrested and a recommendation was made for his deportation.