Nightclub attack victim loses tooth

A reveller on a night out in Lerwick has lost a tooth and may lose another after an unprovoked and “despicable” attack.

Security worker Simon Hart launched the assault without warning at Da Wheel Bar over the weekend.

His victim was dancing at the popular night-spot in the moments leading up to the incident.

He was caught unaware when the 34-year-old threw a punch to his head.

Hart, of Croft Road, Cambuslang, was arrested. But when questioned he initially denied all knowledge of the attack ever taking place. Only when confronted with evidence which showed him as the perpetrator did he finally own up.

Hart admitted carrying out the assault to injury when he appeared from custody at Lerwick Sheriff Court.

Procurator fiscal Duncan MacKenzie said Hart’s victim was one of the patrons at Da Wheel, and was on the dance floor.

“There was no interaction between the complainer and the accused. Without warning or provocation the accused assaulted the complainer in the manner libelled,” he told the court.

“It was completely unexpected and the complainer had no opportunity to try to defend himself, which may explain the seriousness of the injury.”

The fiscal said Hart’s victim had lost a tooth, and his bottom lip had a hole that required stitching. A further tooth may have to be removed, he said.

The court heard the assault had been captured on CCTV, which showed there was no “preamble”.

He said Hart was detained from the accommodation barge where he has been staying during his time in the isles. He was taken to the police station, but denied all knowledge until he was confronted with the evidence.

Mr MacKenzie refused to accept claims made by Hart under police questioning that his victim had at first spat at him.

“That’s not shown on the CCTV at all,” he said.

“The Crown’s position would be that this is a wholly unprovoked assault.”

Defence agent Tommy Allan said the father of three may lose his job over the incident.

He said Hart was used to having to withstand “a fair degree of provocation”, and was “at a loss” to understand why he had acted in the way he did.

Mr Allan said Hart had been at Da Wheel with a number of friends, and had been annoyed by the victim in the minutes leading up to the assault.

He said Hart had asked a couple of times for the behaviour to stop.

But Mr MacKenzie objected when the agent said it remained Hart’s position that the victim had spat at him.

The fiscal said a proof of mitigation would have to be fixed at a later date if Hart insisted there had been provocation.

After brief consultation with Hart, Mr Allan said his client wanted the case to be over and done with, and did not wish to insist that provocation had taken place.

“He said he fully regrets this and he wishes to pass on his apology to the complainer.”
Following a short adjournment, honorary sheriff Eric Peterson fined Hart £600, reduced from £900 to reflect the early plea.

“This sort of behaviour is pretty despicable. It is totally unacceptable in our islands to have this sort of thing happen.”


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