A thug has been jailed for a “vicious and unprovoked” attack in an Aberdeen nightclub which left a man requiring surgery – after a sheriff rejected his claim the victim had sexually assaulted him.
Sean Donaldson punched a man twice to the face during a night out at Cheerz Nightclub in Aberdeen city centre.
His victim initially did not want to make a fuss so did not seek medical treatment, but after he experienced numbness in his face attended hospital.
It was discovered he had a displaced fracture of his left cheekbone which required surgery and the insertion of a metal plate.
Sheriff William Summers yesterday threw out Donaldson’s claim that he assaulted his victim after he repeatedly touched his bum and grabbed his testicles.
Donaldson previously pled guilty to assault to severe injury over the September 8 2019 attack, but when sentence was deferred for reports he told a social worker he lashed out after being repeatedly grabbed inappropriately.
But following a proof of mitigation hearing earlier this week, Sheriff Summers rejected the 27-year-old’s explanation, branding it “inconceivable” that he would not have mentioned that aspect of the incident to anyone until the social work report was being prepared around a year later.
The sheriff said: “It seems the first mention of the sexual assault was made by the accused in the social work report. If it happened, it’s simply inconceivable that he had not mentioned it to someone.
“Given the extent and supposed duration of the sexual assault, it’s simply beyond conceivable that it was missed by the witnesses.”
Referring to the victim’s reaction, when giving evidence earlier this week, to the suggestion that he had sexually assaulted Donaldson, Sheriff Summers said: “When it was put to him he had sexually assaulted the accused, he seemed genuinely outraged.
“In my assessment, he seemed genuinely outraged because he was genuinely outraged.”
The sheriff concluded: “I’m satisfied the accused is guilty of a vicious and largely unprovoked assault.”
Defence agent Alex Burn said Donaldson had been drinking on the night in question and had a history of becoming involved with violence after consuming alcohol.
Addressing Donaldson, a prisoner of HMP Grampian, directly, Sheriff Summers said: “This assault was vicious and unprovoked. It involved two punches and your victim having displaced fracture of the cheekbone and a metal plate inserted.
“There is no appropriate alternative to the imposition of a custodial sentence.”
He jailed Donaldson for 18 months.
Fiscal depute Katy Begg previously told Aberdeen Sheriff Court: “Without warning the accused pushed the complainer with both hands, causing him to stumble.
“The accused punched him twice to the face.”
A member of staff then managed to reach over the bar and pull Donaldson back by his shoulders.
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