Three Aberdeen students who took part in a vicious street attack have walked free from court after a sheriff said the conviction would have a “disproportionate impact” on their lives and future careers.
The University of Aberdeen’s Mohammad Hassan, 22, Luke Dragic, 21, and Paul Elliott, 21, admitted assaulting two men outside ATIK nightclub.
One victim hit his head on a kerb as a result of the attack and both victims had to be taken to Aberdeen Royal Infirmary.
Today Sheriff Edward Gilroy handed the trio an absolute discharge – meaning the assault convictions will not be on their criminal record.
All three students celebrated upon hearing the verdict, with law student Hassan bounding out of the court building and punching the air.
His solicitor told the court that, as a fourth-year law student with aspirations of becoming a solicitor, a criminal conviction would have barred him from being able to practice law.
Scottish Conservative Shadow Justice Secretary Jamie Greene MSP criticised the sentence.
He said: “The perpetrators of this nasty assault were certainly old enough to know better, yet they were able to walk away from court without being sentenced.
“The SNP’s sentencing quango guidelines are already urging the courts not to jail those under 25s. They shouldn’t be wrapping adult criminals in cotton wool, which is all too typical of their soft-touch justice approach.
“The victims of this assault are the latest to be let down by the SNP’s approach to sentencing.”
Dragic, Elliot and Hassan pleaded guilty to one charge of assault on one man while Elliot and Hassan also pleaded guilty to a second charge of assault on another.
Fiscal depute Sean Ambrose told the court that a verbal altercation began between the two groups of men outside ATIK nightclub on Bridge Place, Aberdeen, at around 3.20am January 18 2020.
“Hassan initiated a physical altercation by pushing one of the men on the body,” Mr Ambrose said.
“Hassan and Dragic then acted in concert and engaged in further physicality with the complainer.
“The accused Hassan repeatedly punched one of the complainers to the head, while Dragic punched the complainer to his head and body.
“At some point during the altercation, the second complainer fell on the ground.
“The accused Elliott initially assisted him to his feet, but as he stood up the accused Elliott pushed him to the body causing him to stumble and fall backwards onto the ground and strike his head on the kerb.”
Seeing his friend on the ground, the court heard that the first man then confronted Elliott by making “provocative gestures towards him” that were “indicative to challenging him to a fight”.
Mr Ambrose added that Elliott, of North Fort Street, Edinburgh, then walked over to the man and punched him on the head.
‘Incident happened very quickly and in the heat of the moment’
Hassan’s defence solicitor Ian Woodward-Nutt told the court that his client “accepts that his behaviour was entirely unacceptable and inexcusable”.
He said: “Mr Hassan has never before been in any kind of trouble and has been in no trouble since this incident – this behaviour is totally out of character.
“He accepts that he allowed this to become a physical altercation and he will have to live with the consequences.”
Mr Woodward-Nutt added that Hassan, of Tailor Place, Aberdeen, planned to move to London to sit his lawyers’ exam.
He stated that with a criminal conviction on his record, Hassan would be barred from practising law.
Dragic’s solicitor Liam McAllister told the court that his client, a business student from of Tailor Place, Aberdeen, was someone of “good conduct and good character” until this incident.
He added: “This incident happened very quickly and in the heat of the moment.
“These men came to their senses quickly but, not quickly enough.”
Elliott’s lawyer, Andrew Ormiston, told the court that his client was a psychology student at the University of Aberdeen and 18 at the time of the attack.
He added: “Mr Elliott is seen on CCTV camera trying to attempt to dissuade others from taking part in the incident and only became involved afterwards.”
Mr Ormiston also described the behaviour as “very out of character” for his client.
Sheriff considers the ‘disproportionate impact’ on accused
Sheriff Edward Gilroy told the three men in the dock that he had considered the “disproportionate impact” of a criminal conviction on all of their lives.
He added: “And in particular, Mr Hassan and the specific impact this would have on you.
“I do take the view that it is inexpedient to inflict punishment and instead I am making an order to discharge each of you absolutely.”
For all the latest court cases in Aberdeen and the latest crime and breaking incidents, join our Facebook group.
