Court / Early hours assault lands man with £1.2k financial penalty
A MAN from Fife has been given a financial penalty of £1,200 after admitting assaulting two people at a Lerwick club.
Lerwick Sheriff Court heard how Jay Fotheringham, of Lochore, repeatedly tried to regain entry to Trench on the town’s Commercial Road after being told to leave.
The 18-year-old appeared at court on Thursday to admit assaulting two people at the bar and nightclub on 1 December last year, while on bail.
This included seizing hold of a man and struggling with him, and throwing punches and aiming kicks.
He also admitted shouting, swearing and behaving aggressively at Trench and Lerwick Police Station, some of which was aggravated by prejudice relating to disability.
Procurator fiscal Duncan Mackenzie said the two assaults – on door staff members – took place after Fotheringham tried to regain entry to Trench in the early hours of the morning after being told to leave due to his behaviour.
He said there was an assault on a male door staff member, but a female was also caught up in it when Fotheringham’s swinging arms and legs made contact with her.
The court heard how Fotheringham left the scene but came back again shouting and swearing, and had to be restrained again.
He was directed towards the taxi rank, where he was arrested by police, who had been notified of the incident, and taken to Lerwick Police Station.
At the station he was “effectively squaring up” to officers, Mackenzie said, and used derogatory language towards them.
Defence agent Tommy Allan said his client had been in Shetland for the first time for work.
He said Fotheringham had been out with older colleagues for a meal and suggested he may not have been as experienced as them at drinking – with Fotheringham becoming “worse for wear”.
He said his temper was amplified because he did not have his phone and without his colleagues did not know where he was, or where he was staying.
Sheriff Ian Cruickshank noted how Fotheringham had no previous convictions, but said he was “not amused by this sort of behaviour” and added that it will not be tolerated.
He fined Fotheringham £1,000 and imposed two compensation orders worth £100 each.
Allan had suggested that his client did not issue a plea earlier in the proceedings – which would have resulted in a smaller fine – because there may have been delays with accessing CCTV footage.
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