A Highland League footballer who scarred a nightclub reveller for life was given more time to complete community service – or face prison.
Despite a previous warning he was on his “last chance” to avoid jail, Inverness Sheriff Court was told yesterday that Nairn County player Gary Kerr, 23, had failed to finish an earlier sentence of 180 hours’ unpaid community work for the “one punch” attack.
Sheriff Margaret Neilson reluctantly allowed Kerr until June 10 but warned: “If it is not completed by then, you will be going to jail.”
Kerr, of 1 Cauldeen Road, Inverness, appeared for sentence after admitting assaulting Dayle Rogers in Play nightclub in Inverness’s Castle Street on April 15 last year.
Sheriff Neilson warned Kerr: “You were told the last time you had to complete the order and you haven’t. You just don’t get it, do you? This is an alternative to a custodial sentence. I will give you until June 10 – the day after the order is due to end – and by then I expect them all to be cleared.”
He had been expecting to be sentenced on April 24, but on that date solicitor advocate Shahid Latif urged Sheriff Neilson to give him a “last chance” to complete the order. The sheriff reluctantly agreed and remarked: “He has been prioritising playing football for his team rather than doing the work. I am not particularly impressed.” Yesterday, Mr Latif’s solicitor colleague Rory Gowans pleaded with Sheriff Neilson to give his client another “last chance” because he had finished some of the hours but not the whole order.
He said: “The football season is now over and his Saturdays are free. He has more time on his hands to complete it and recognises that he must make the effort. He has put into place arrangements to clear the rest by doing the remaining hours before the order ends in June.”
The court heard that Mr Rogers was drunk and dancing when he bumped into Kerr.
Fiscal depute Roderick Urquhart said: “It led to an argument and some pushing and shoving developed. Stewards asked them to leave and Mr Rogers’ next recollection was being injured. Police were called and he was taken to accident and emergency where he was treated for a puncture wound to his left cheek.
“He required eight internal stitches and four external. This will result in a permanent scar.”