A single punch in an altercation outside a north-east bar has left a grandfather with life-changing injuries.
Michael Middler, 54, had been standing outside the Burnett Arms Hotel in Kemnay when he was punched in the face by Callum Wright “out of the blue”.
The grandad-of-four was instantly knocked unconscious and struck his head on the ground, causing a catastrophic brain injury that he says has changed his life.
Wright, 29, has now been jailed for 21 months over the vicious attack on October 27 2019 after pleading guilty to a charge of assault to severe injury, permanent impairment, permanent disfigurement and danger of life.
Mr Middler, who spent around two-and-a-half months in hospital and was on a ventilator with bruising and bleeding on his brain, says the incident has shattered his confidence and he relies heavily on family for support.
He has also lost his senses of taste and smell and cannot work.
‘I’ve been at home all the time’
Speaking after the court case, Mr Middler welcomed the sentence. He said: “It’s a bit light, I would say, but if he’s going to prison that is a good thing. It’s the outcome I would have preferred.
“I can put it behind me now.
“I don’t remember anything about what happened, how I was knocked unconscious. I couldn’t even remember being in the pub, that’s the effect it had on me.
“I can’t remember being in Foresterhill. I remember being transported to Woodend. I spent a couple of months there and they took care of me.”
Mr Middler said he now rarely goes out.
He said: “I haven’t worked since the incident happened. I’ve been at home all the time or in hospital.”
‘Instantly knocked unconscious’
Fiscal depute Colin Neilson told Aberdeen Sheriff Court Wright had visited the bar around midnight after drinking at a friend’s house.
Shortly after he arrived, the landlord asked everyone to leave the premises following a disturbance, which had not involved Wright or Mr Middler.
Mr Neilson said: “While outside, the complainer, who at the time was 52-years-old and was not known to the accused, told everyone that nobody was getting back in and suggested everyone leave the area.
“CCTV thereafter shows the complainer approaching a group of males, which included the accused, who appeared to be agitated.
“It is apparent from the CCTV that the accused and the complainer had a conversation and another male placed himself in between them.
“The accused pointed at the complainer and he then reached over the shoulder of the other male and punched the complainer once on the face.
“The complainer appeared to be instantly knocked unconscious and he fell to the ground and hit his head. The police and an ambulance attended.”
In an interview with police after the assault, Wright said he had been “drinking heavily” and had “no recollection of the incident”.
‘Bleeding and bruising on the brain’
Mr Neilson said: “The complainer was taken to Aberdeen Royal Infirmary by ambulance. Throughout the journey he was unresponsive and, on arrival, he was found to have sustained a serious and traumatic brain injury.
“He suffered a fractured skull and bleeding and bruising on the brain, which resulted in him having to be put on a ventilator.
“Efforts were made over the course of the next week to 10 days to remove him from the ventilator without success.
“On November 9, 2019, he was transferred from the intensive care unit to the neurosurgical ward, where he remained until November 28 2019, at which point he was transferred to Woodend Hospital for rehabilitation until his discharge on January 13 2020.
‘Lost his sense of taste and smell’
Mr Neilson described the life-changing effects of the attack on Mr Middler.
He said: “He has no memory of the assault and as a result of it he suffers from short-term memory loss.
“He has lost his sense of taste and smell, he repeats things frequently and needs to write everything down.
“He has lost his confidence and rarely goes out, unless persuaded to do so by his family, who he now relies upon heavily for support.
“At the time of the offence, he was employed as a forklift driver. He has been unable to return to work and it is considered unlikely he will ever be able to do so, and certainly not in that capacity.
“He is no longer able to drive and his licence has been suspended.
“The effects of the assault have had profound financial and emotional implications for the complainer and his family.”
‘He very much regrets his conduct’
Defence agent Alex Burn said Wright, of Mccombie Crescent, Kemnay, “regrets” the assault.
He told the court: “It’s fair to say there had been an exchange of words between the accused and complainer and it resulted in the accused accepting that he lashed out and struck him once to the head.
“He very much regrets his conduct.
“It was one punch but it had substantial consequences and that’s got to be accepted.”
‘This is a tragic case’
Jailing him for 21 months, Sheriff William Summers told Wright: “The assault on Michael Middler was vicious and, so far so I can see, was entirely unprovoked.
“I recognise it was a single punch, but it was delivered with such force it rendered him unconscious, he fell to the ground and suffered a severe head injury.
“It’s hard to imagine a more serious charge being prosecuted in this court.
“This is a tragic case which illustrates the consequences that can arise from throwing even a single punch.
“This matter is so serious there is no appropriate alternative available to the court other than to impose a period of custody.”
