Ongoing “bad blood” between two families saw a father and son attack a man in a pub toilet.
Raymond Sutherland, 52, and his son, Des, 27, both of Balnakiel Terrace, Galashiels, admitted, while acting with others, assaulting a man to his injury at the town’s Woodcutter pub on October 6.
Fining Raymond Sutherland £1,200 at Selkirk on Monday, Sheriff Kevin Drummond told the accused: “You are a 52-year-old man who appears to have lived a largely offence-free life and a useful life in the community. You are said not to represent a risk of imminent harm.”
But he warned: “People taking the law into their own hands cannot be tolerated in a civilised society. You played a more significant part in this episode.”
Desmond Sutherland was sentenced to a 12-month community payback order, with a condition he completes 160 hours of unpaid work.
“The extent of your involvement allows me to deal with this by the alternative to custody,” Sheriff Drummond told him.
At a previous hearing, prosecutor Tessa Bradley said the offence was committed against a “background of ongoing bad blood between two families”.
The victim had been drinking in the pub when Des Sutherland’s brother came into the premises around 6.30pm and was told to leave by the complainer. When he told other members of his family, the two accused went to the pub about half-an-hour later.
Ms Bradley said the man was in the toilet when four men, including the two accused, came in behind him, adding: “He was struck on the shoulder from behind and the force was such that he fell to the ground. He was then subjected to a barrage of kicks and punches, and tried to protect himself by covering his head.”
The two accused and two others left the pub, and the man was found lying bleeding on the toilet floor. He was taken to hospital by ambulance, having suffered two cuts to his forehead and bruising.
Raymond Sutherland denied being at the pub and gave police a “no-comment” interview, while his son admitted his involvement, claiming to have acted alone.
Ed Hulme, representing Raymond Sutherland, said there had been ongoing problems between the two families. He added: “Des was going to the pub and he decided to go with him, in the hope that things wouldn’t escalate.”
Des Sutherland’s solicitor, Ross Dow, said there had been “a litany of abuse towards the family” and his client “saw red” and went to the pub.
“He did take the law into his own hands, and he shouldn’t have,” he added.
On Monday, solicitor Iain Burke, representing Raymond Sutherland, said his client wished to stress how full of regret and shame he was.
“He responded wrongly to a volatile situation, and is quite clear that he will not make the same mistake of trying to sort it out himself,” said Mr Burke.
Mr Dow, representing Des Sutherland, said his client was also “suitably regretful”, adding that the conviction would have a significant deterring effect.
“There has been a hate campaign towards my client and his family,” he said.