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Man disfigured in Dingwall bottle assault but has ‘no ill feelings’ towards attacker

Sean McAllister told officers he had been acting in 'self-defence' when he repeatedly struck his victim with a bottle.

The case called at Inverness Sheriff Court. Image: DC Thomson
The case called at Inverness Sheriff Court. Image: DC Thomson

An argument at a post-New Year house party turned into a street fight that left one man permanently disfigured, a court has heard.

Sean McAllister had been drinking with his victim on January 2 last year, but when the pair began to argue they were asked to leave.

Once outside a fight began, during which McAllister took a bottle from his opponent and hit him with it before punching the man in the face as he lay motionless in the street.

Despite the brutal attack, Inverness Sheriff Court was told McAllister’s victim has “no ill feelings” towards him.

McAllister, 33, appeared from custody at Inverness Sheriff Court to admit a charge of assault to injury, permanent disfigurement and permanent impairment, as well as failing to appear at an earlier hearing.

Fiscal depute Robert Weir told the court that McAllister had been drinking at an address in Brown Square, Dingwall, when his victim arrived at the property.

The pair did not get on and “started arguing”, with the other man asking McAllister “several times” to “go outside and talk about it”.

The men were asked to leave and escorted from the property, with witnesses noting the second man was carrying a glass beer bottle as he left.

After this, those inside the house “could still hear them arguing outside and heard a smash sound”

Anonymous 999 call

Following an anonymous 999 call police attended and found the injured man nearby and he was taken straight to Raigmore Hospital.

Officers retrieved CCTV of the incident, which showed McAllister and the other man fighting in the road.

The footage showed the pair “grappling” before McAllister was hit on the head with the bottle.

Mr Weir explained: “Both males end up on the ground with the accused ending up on top of the witness.”

McAllister then picked up the bottle that the other man had dropped and struck him on the head a number of times before the bottle smashed.

The fiscal depute told Sheriff  Ian Cruickshank that the victim could then be seen “lying motionless” as “the accused punches him to the face a further four times.”

McAllister was traced at his home, where officers noted he had suffered a cut or graze to his right cheek, a bruised and swollen knuckle and grazing to both elbows.

He was taken to Burnett Road Police Station, telling officers on the way  “he had acted in self-defence”.

Impromptu house party ended in violence

The court heard that the victim had a two-inch laceration on the left side of his head that required three stitches as well as a cut to his ear, which was glued.

A CT scan revealed he had suffered complex fractures to the left side of his face.

The man, who failed to attend an appointment with a specialist for his injuries, was left with “scarring and numbness”.

McAllister’s solicitor Marc Dickson said his client and the man had been at “an impromptu house party” and had been drinking when the argument began.

He said: “In the street, both argued and shouted. The shouting match developed into a jostle that developed into a fight.

“The complainer had initially managed to get the better of Mr McAllister.”

He said the victim had been on top of his client had had struck him “several times” with the bottle before McAllister had managed to get hold of it and hit him back.

Mr Dickson noted that the CCTV footage showed both men standing up following the incident before being separated by members of the public.

‘No ill feelings’

Mr Dickson said that McAllister had since spent time on the same wing in prison as his victim and the man had “given an indication to him that there is no ill feelings”.

Sheriff Ian Cruickshank told McAllister, whose address was given as a prisoner in Inverness: “Charge one as amended remains a serious charge of assault.

“It did lead to severe injury, permanent impairment and permanent disfigurement.”

He also noted that McAllister’s failure to appear at an earlier hearing had delayed proceedings and imposed a total sentence of 34 months in prison, backdated to March 6 of last year.