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Dingwall man jailed after bottle attack 'reconciles' with victim in prison, court hears

By Ali Morrison

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Sheriff Ian Cruickshank heard the case at Inverness Justice Centre.
Sheriff Ian Cruickshank heard the case at Inverness Justice Centre.

Two Ross-shire men who injured each other with a bottle in a street brawl reconciled when they found themselves in the same wing of Inverness prison.

Inverness Sheriff Court heard from defence solicitor Marc Dickson that his client, 33-year-old Sean McAllister and his victim, James Marshall had "no ill feelings toward each other now" after they fought outside a house in Brown Square, Dingwall on the night of January 2, 2022.

Sheriff Ian Cruickshank heard that the men were amongst a number attending a house party when the pair had an argument and were asked to leave.

Fiscal depute Robert Weir told the court: "CCTV showed Marshall swinging a bottle about while the two were grappling with Marshall on top.

"Marshall hit the accused on the head with the bottle."

Mr Weir went on to say that McAllister managed to get hold of the bottle and hit Marshall several times on the head with it. Then while he was lying motionless on the ground, McAllister punched him to the face a further four times."

He added that Marshall had several complex fractures to his face and required three stitches to a two-inch cut on the left side of his head.

"He has been left with scarring and numbness. He failed to turn up for an appointment with a specialist in Aberdeen. He also did not cooperate with the police," Mr Weir concluded.

McAllister admitted assaulting Marshall to his severe injury, permanent impairment and disfigurement.

Mr Dickson told the Sheriff: "It seems that they had been at a house party, alcohol had been taken to excess there and there was a disagreement.

"They went out to the street where a fight developed and both were willing participants."

He added that the prosecution accepted that Marshall had a momentary loss of consciousness before getting back to his feet.

"They have both been incarcerated in the same wing of Porterfield Prison and there are no ill feelings."

McAllister also pleaded guilty to failing to appear for a court appearance.

He was jailed for 29 months for the bottle attack and an additional five months for the non-appearance – totalling 34 months backdated to March 6 when he was remanded in custody.

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