Attacker avoids prison over head-butt assault
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A COUNCIL surveyor from Ross-shire who repeatedly head-butted an Asian taxi driver on New Year’s Day has avoided a jail term for the offence.
Donald MacIver, who works in the buildings standards department for Highland Council, got into a disagreement with Harunur Rashid about Islamic fundamentalism then became aggressive and assaulted him after they pulled into disabled parking bays at Stewart Court in Culloden.
MacIver (56), of Proby Street in Maryburgh, admitted repeatedly butting and punching the taxi driver on the head. An aggravation that the offence was racially motivated was removed from the charge.
Inverness Sheriff Court heard that at about 2.30am on January 1 Mr Rashid was in his taxi at Castle Wynd in Inverness when MacIver, who has previous convictions, approached and asked to be taken to an address in Culloden.
When they arrived depute fiscal Robert Weir said MacIver became aggressive after a disagreement abut Islamic fundamentalism. MacIver head-butted his victim three times on his face. The driver was unable to defend himself and got out of the vehicle and MacIver then got out and grabbed him by the jacket before punching him three times to his mouth. He then let go and walked away.
Sheriff Margaret Neilson was told Mr Rashid sat back in his car as he felt dizzy and was bleeding. He later went to A&E at Raigmore Hospital where he received three stitches to a cut above his eye. Staff at the hospital notified police and later they took Mr Rashid to the scene.
MacIver approached them and Mr Weir said police noticed Mr Rashid was shaking as he pointed to MacIver and said: "That’s him". MacIver replied: "I believe it’s me you are looking for."
He drew attention to his left hand and said he believed it may be broken and that he was going to plead guilty.
The fiscal said Mr Rashid was also found to have a ‘slightly mobile’ upper left tooth and had extensive bruising to his mouth and left side of his face as well as the cut to his left eyebrow.
MacIver had suffered a broken left index finger.
Solicitor Natalie Paterson told Sheriff Margaret Neilson that reports before the court clearly indicated it was a serious matter but there was provision for a non-custodial sentence for her client.
She said his job was at risk if he was jailed.
She said Maciver had been off work recently with stress but he had a good work history and was regarded as low risk of re-offending.
"He accepts he has anger management issues."
Sheriff Neilson placed him on supervision for two years, ordered him to carry out 200 hours of unpaid work and to pay Mr Rashid £750 compensation.
