Inverness assault victim’s recurring nightmares cause him to wake up screaming
A victim of a serious assault told a sheriff he still woke up screaming and sweating after sustaining several fractures in an incident in an Inverness flat two years ago.
Inverness Sheriff Court heard that David Maclean had been attacked by a woman, now deceased, and her 35-year-old boyfriend Jamie McCann in the Telford Street property on September 5, 2022.
McCann claimed to police after the attack, which involved him striking Mr Maclean on the head and body with a part of a broken chair: "I think it's unfair I'm the one in here when I was stopping a girl being hit."
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Mr Maclean suffered fractures of his wrist, finger and thumb as well as other injuries.
Sheriff Robert Frazer decided against jailing McCann although he said he was "on thin ice".
He took time to consider a sentence but after hearing from defence solicitor advocate Clare Russell, opted for a community payback order.
She said: "He has turned his life around and has distanced himself from negative peer groups. He is seeking help for his substance misuse. It was a melee that was instigated by his now deceased co-accused and the complainer."
McCann had admitted assault to severe injury and permanent impairment and was ordered to carry out 280 hours of unpaid work.
He was also told to stay in his home between the hours of 8pm and 6am for the next four months and remain under social work supervision for two years.
A review of his progress will be done by the sheriff in four months’ time.
Sheriff Frazer said: "This occurred due to you and others drinking. I accept you were not the instigator but you got involved. The injuries to the complainer were not life-threatening but to some extent life-changing."
Fiscal depute Pauline Gair had told the court at an earlier hearing that McCann's victim had been a guitar player but could no longer play the instrument due to his injuries.
She also said that he had recurring nightmares.
