News / Bain faces prison for violent assault
A SHETLAND man who went berserk after drinking all day and left another man in hospital with facial injuries has been told he faces a long prison sentence.
Thomas Bain, formerly of 5 Whitelaw Road, Aith, admitted assaulting the man to his severe injury, permanent disfigurement and impairment during the early hours of 29 August last year.
Lerwick Sheriff Court heard on Wednesday that on the day before the assault, the 30 year old insulation engineer had been drinking heavily while alone in the house where he was living at the time, in Lerwick’s Hangcliff Lane.
Procurator fiscal Duncan Mackenzie said that after consuming a case of beer, a number of Bacardi Breezers and a bottle of wine, Bain left his home around midnight to join a “social gathering” a few doors away.
Bain left the party around 4am with two men to collect some more drink and go to his house. Mr Mackenzie said “seemed to be enjoying each other’s company”, but then a drunken argument broke out between him and his victim.
The fiscla said it was not a serious confrontation, but Bain became so angry that his victim started to back away and fell to the ground.
“The complainer going to the ground was the trigger for the accused to launch a protracted, sustained and violent assault, punching and kicking him repeatedly around the head and body,” Mr Mackenzie said.
He broke off the assault and neighbours woken by the disturbance told police they had heard the victim pleading for mercy and offering him cigarettes to placate him.
“The accused simply ignored these entreaties and resumed his assault. One can only assume it was exhaustion that caused him to finally break off and walk away,” Mr Mackenzie said.
The victim dragged himself to Lerwick police station from where he was taken by ambulance to Gilbert Bain Hospital, where he spent three days being treated for bruising and fractures to his nose and cheek bone. He was then sent to Aberdeen Royal Infirmary for reconstructive surgery.
Mr Mackenzie said the man is still unable to breathe properly and will need further surgery to his nose. He has also been diagnosed with post traumatic stress disorder and become introverted and isolated.
“This is a case where the injuries sustained by him can accurately be described as life changing to a significant degree,” the fiscal said. “It is unlikely he will ever be the same man he was before this incident.”
Bain had been tracked down in a Lerwick pub the following night and arrested.
Defence agent Tommy Allan said the incident had been caused by overconsumption of alcohol. Bain realised this was no excuse and he had not had a drink since 15 November, he said.
Sheriff Graeme Napier said that he had no choice but to send Bain to jail for a significant period due to the sustained, violent and unprovoked nature of the assault.
Bain was remanded in custody until 24 February when he will be sentenced.
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