A man who was stabbed after confronting drug users outside his flat has ended up in court charged with assault.
Barry Laing, 44, had been plagued by issues with drug addicts and dealers using the communal stairwell of his block of flats on John Street in Aberdeen.
On January 10 last year, Laing encountered a male and female on the landing separating their drugs on a window sill and confronted them.
But the incident quickly became physical and the male drug user produced a Stanley knife, stabbing Laing in the leg.
Laing got the better of the pair – who the court heard had more than 350 previous convictions between them – but found himself in the dock at Aberdeen Sheriff Court after “crossing the line” and pursuing the duo.
Crown narrative
Fiscal depute Colin Neilson said: “At or about 1.40pm on January 10 2020, the accused exited from the door of his flat with a view to leaving the building.
“He saw the complainers on the mezzanine floor a few steps down from the door to his flat.
“He saw that they were handling and sorting out drugs which were on the windowsill.
“He told the complainers to leave the building. The complainers became aggressive towards him.
“He swept the drugs from the windowsill. The female complainer tried to punch the accused. The accused pushed her up against the wall.
“The male complainer punched the accused to the cheek.
“There was a struggle. The female complainer bit the accused in his privates. The accused threw the bags belonging to the complainers down the stairs.
“The male complainer took a Stanley knife from one of the bags. He went up the stairs and proceeded to stab the accused in the right leg.
“The accused kicked the male complainer to the face with a view to fending him off.”
At that point the man retreated and ran out of the building, with Laing running after him.
Mr Neilson said: “Laing saw the knife on the floor at the ground level of the building. He picked up the knife so the female could not herself take possession of it and use it on him.
“He chased the man in John Street. He discarded the knife when he was sure that neither complainer could pick it up and use it against him.
“He then proceeded to punch the male to the head, knock him to the ground, kick him on the body, shout at him and threaten to kill him.
“The woman approached the accused. She had a mobile phone in her hand. She then punched the accused to the face.
“The accused punched her to the face.
“He grabbed the phone and threw it away.”
Mr Neilson told the court the male was left with cuts to his forehead and swelling to his nose, while the female suffered grazes and bruising.
Laing was arrested a short time later and, in response to caution and charge, said: “I want them charged for pulling a knife out on me, for loitering on the building and assault.”
Mr Neilson went on: “It is accepted that the accused was provoked by the two complainers and had been assaulted by them on the stairwell of the building. Furthermore, the complainer had possession of the knife.”
Laing, of John Street, Aberdeen, pled guilty to two charges of assault to injury over the incident.
Defence agent Bruce MacDonald said his client had lived at the block for 11 years.
He said: “He had cause to complain to the council on many occasions about the abuse of the building by drug users who go there to sell drugs and take them.
“Nothing was done about it.”
Mr MacDonald said the building had become “run down” over the years because of the abuse from drug users and “antisocial parasites”.
He said the complainers had 194 and 177 previous convictions respectively, and did not respond in an “amiable fashion” when Laing asked them to leave.
The solicitor described the physical confrontation inside the building, adding: “At that point, he’d been perfectly reasonable in the approach, with nothing criminal, but at the point when he ran after the male he crossed a line.”
He added: “They are perhaps, to some extent…”
And Sheriff Philip Mann interjected: “Authors of their own misfortune.”
Sheriff Mann told Laing: “Clearly what you did was wrong, but there was substantial provocation, and one can understand how the red mist might have descended upon you.
“Fortunately the injures sustained by the complainers were not serious. Even these complainers are entitled to the protection of the law.
“It’s punishment enough you have had this indictment prosecution hanging over your head for this length of time. I’m prepared to admonish you.”
The admonition means that, although the conviction goes on Laing’s record, he does not face any further punishment.
