Assault man escapes jail term

Aberdeen 21-year-old who attacked fireman put on probation for 18 months

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BACK AT WORK: Firefighter Craig Dyer, who had to have brain surgery after he was knocked unconscious in Union Street, Aberdeen, last August

A man who attacked a firefighter who was dressed as a pirate while on a night out in Aberdeen escaped a jail term when he appeared in court yesterday.

Nicki McLeod’s single punch in the assault on Craig Dyer left the firefighter unconscious, and he had to undergo surgery on his brain.

McLeod, 21, of 34 Provost Fraser Drive, Aberdeen, appeared at the city’s sheriff court yesterday, where he was put on probation for 18 months, ordered to do 150 hours of community service and pay Mr Dyer £3,000 compensation. The court heard that Mr Dyer and his group, who were all dressed as pirates, were looking for a taxi on Union Street after a night out on August 30 last year.

Mr Dyer walked past McLeod, who was with a friend, when the firefighter heard one of McLeod’s group shout out “aye aye, captain”.

The court heard Mr Dyer reacted to the comment, which led to a confrontation with McLeod. Oil worker McLeod then threw a single punch, knocking Mr Dyer to the ground.

Fiscal depute Neil Shand said the firefighter knocked his head against the pavement, which rendered him unconscious. Mr Shand told the court Mr Dyer was taken to accident and emergency, where tests showed he had a form of blood clot in his brain, which was operated on immediately.

Mr Shand said: “After the incident Mr Dyer lost his sense of smell, which also severely affected his taste.

“He is employed as a fireman, but since the attack he has had to go on training duties, as there could be a risk of epilepsy, so he is no longer an active firefighter.

“The incident has changed his life in a significant way.”

McLeod’s defence agent, Neil McRobert, said his client was “genuinely shocked and upset” when he heard about Mr Dyer’s injuries.

Mr McRobert said: “Mr McLeod voluntarily handed himself in to police, and is aware that despite it being a single punch, the complainer did suffer serious injury.”

Sheriff James Tierney said: “It is clear that someone made a remark to the complainer, and it may be that someone dressed as a pirate walking down Union Street in the early hours of the morning could expect someone to make such a remark. Nevertheless the complainer’s response to that seems to have been somewhat aggressive.

“It is clear that the consequences of that single blow were not anticipated or intended, but it has had great and serious consequences for the victim.”

McLeod had previously pleaded guilty to punching Mr Dyer on the head and causing him to fall and strike his head on the pavement to his severe injury and permanent impairment.