The stepson of a man brutally murdered in Fraserburgh has appeared in the dock himself after attacking one of the men cleared of the killing.
Teenager James Graham was armed with a metal pole during the vicious assault on one of the men accused of the murder of Gary Clampett.
The then 16-year-old set about David Graham with the aid of an accomplice, who was jailed for his part in the attack.
One year later John Henderson, Gary Martin, Thomas Martin, Dean Leech and James Connor were all convicted of Mr Clampett’s murder in Fraserburgh.
Joseph Martin was found guilty of the lesser charge of culpable homicide while David Graham, then aged 46, walked free after the jury returned a not proven verdict.
Stepson ‘takes law into own hands’
Aberdeen Sheriff Court was told Mr Clampett’s stepson, now 18, “took the law into his own hands” and attacked David Graham on a Fraserburgh street.
Fiscal depute Ruaridh McAllister said the teenager’s victim had been walking on Moray Road when he was attacked by the pair at around 3.40pm on March 22, 2020.
“The complainer, David Graham, was previously in a murder trial in relation to the murder of Gary Clampett, the accused’s stepfather,” he said.
“He saw (his co-accused) and James Graham exit from an address to his left and he saw that James Graham was holding a silver metal pole.
“They chased him along the street and caught up with him and he fell to the ground.
“Both began to kick and stamp on David Graham to various parts of his body.”
Egged others on to join assault
He said James Graham then shouted upon two other men to join the assault and they also stamped and kicked the older man.
After Graham walked away from the assault, one of his accomplices stamped upon their victim’s ankle as he attempted to get to his feet.
Their victim was examined at hospital and suffered swelling, bruising and tenderness to his head, ribs hand and ankle.
Graham admitted a charge of assault to injury.
His defence agent Sam Milligan said his client had been just 16 at the time of the offence and suggested he “ticked a number of boxes” in favour of a non-custodial disposal.
He showed Sheriff Andrew Miller a positive reference from a former employer and said Graham was currently working voluntarily with a firm in the hope of starting an apprenticeship soon.
‘Background is no excuse’
Sheriff Miller told Graham: “The offence was undoubtedly a serious matter in which you and another man effectively took the law into your own hands by assaulting this man.
“I take into account there’s a background here but I make it clear that does not excuse the offence.
“It does at least provide an explanation of sorts, which allows me to assess your motivation and why you took part in this offence.”
He said Graham’s age and positive background reports did provide him with an alternative to custodial disposal.
Sheriff Miller handed Graham, of Logie Avenue West, Crimond, a community payback order comprising 120 hours of unpaid work and 12 months of supervision as a direct alternative to jail.
In total, the six men convicted of killing Mr Clampett were sentenced to almost 100 years in prison.
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