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Elgin footballer who assaulted paramedic has court bid to play in away match turned down

Darryl McHardy was told he had already been shown enough leniency.
Darryl McHardy was told he had already been shown enough leniency.

An Elgin City footballer who launched an attack in a nightclub begged a sheriff yesterday to lift his curfew – so he could play in an away match.

Darryl McHardy attacked off-duty paramedic Kris O’Neill in Joanna’s nightclub last summer, after he stepped in to break up a row.

The 21-year-old was handed a five-month curfew when he admitted the offence at Elgin Sheriff Court earlier this year, meaning he must remain at home between 7pm and 7am each day – ruling him out of away matches with his Scottish League side.

But yesterday, the defender returned to court to ask for special dispensation to travel with his teammates next weekend.

Sheriff Olga Pasportnikov refused the bid, telling him she had already shown him enough leniency.

She said: “When I imposed the order I restricted it to five months. It could have been a lot longer.

“At the time I took into account the fact it would cover the end of the season, the beginning of a new one and training sessions. To my mind, nothing has changed.”

McHardy’s solicitor Ian Cruickshank, who admitted he was not a football expert, suggested the new season was a “change in circumstances” and should allow McHardy to play.

The defender has also been unable make evening training sessions with the squad, instead keeping his fitness levels up with his dad.

Mr Cruickshank argued extending the curfew to 9.30pm would allow him to play in the Cowdenbeath match next weekend and get home without risking drawing the attention of the police. The solicitor stressed his client had not stayed out past his curfew to date.

McHardy, of 26 Ben Aigen Walk, Elgin, has slipped out of the Elgin City team since the curfew was imposed, sitting out seven out of eight games as the team pushed for promotion last season and only making one appearance so far in the current campaign.

Last night City chairman Graham Tatters described the news as “a blow” to the team.

He said: “Obviously we want every player to be available. It’s disappointing but we just have to live with it and get on with it.”