22nd May 2018
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Smith gets fine for assault in hotel toilet

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Following a man into a hotel toilet before assaulting him because of an ongoing dispute resulted in a £250 fine for a man at Lerwick Sheriff Court this week.

Brendon Smith, 32, of Dunross­ness, pushed Alan Umphray on the body before placing him in a head­lock and repeatedly punching him at the Scalloway Hotel on 9th January.

He also pled guilty to conducting himself in a disorderly manner and committing a breach of the peace.

The court heard Smith had been drinking at the hotel before follow­ing Mr Umphray into the toilet.

Procurator fiscal Duncan Mac­Kenzie said Smith had begun talking to the complainer, before making accusations about him having caused damage to a family member’s car.

“He continued with his accusa­tions before he lunged at the comp­lainer and assaulted him,” Mr MacKenzie said. “Staff heard the disturbance and went through to hear what the commotion was.”

A number of people restrained Smith, during which time he was shouting and swearing at people. The police were called, but under questioning he could offer no explanation for his conduct.

Defence agent Tommy Allan said Smith had been drinking on the night, although there was “a background” involving his family and Mr Umphray.

“Since this happened that has been resolved and my understanding is the complainer has made an approach to say it should go no further,” Mr Allan said.

“While it’s not up to him, I understand the complainer wouldn’t wish the charges to proceed.”

Mr Allan said it was “in the interest of preserving the truce” that he had been instructed not to go into details about the background to the offence.

He said Smith, a joiner who also works on a croft, would be able to pay a financial penalty.

Sheriff Graeme Napier said he was not minded to defer sentence, and imposed the fine instead.