Four people who carried out “vicious, prolonged and unprovoked” assaults on staff and customers in two Moray pubs have been jailed for a total of 142 months.
Debbie Baillie, Kirstie Kelly (also known as Balcezak), Anthony McPhee and Lee McPhee were appearing for sentence at Inverness Sheriff Court.
The court heard that there were five different victims, including two women, in Keith’s Crown Inn and Commercial Hotel after the incidents on February 16 last year.
CCTV of the attacks was played to Sheriff Sara Matheson, who said she was shocked by the level of violence.
The footage shows a barmaid getting pulled across the floor by her hair, another being dragged from behind her bar, a customer being glassed, another being struck over the head by an electric heater and a fifth suffering repeated punches, kicks and stamps.
Solicitors for three of them – both McPhees and Kelly – said their clients were “appalled” by what they saw and solicitor advocate Shahid Latif, for Baillie, said: “She feels sick about what she got involved in that day.”
Trail of brutal violence
She said that after walking into the pub Anthony McPhee, 36, began to talk with a man who was sitting at the bar, while the rest of the group went through to the pool room.
Mrs Gair said the conversation was “friendly at first, but then became increasingly hostile”.
Soon after this simultaneous attacks were launched on the 48-year-old customer and a female member of staff who was working behind the bar.
Kirstie Kelly, 34, who had returned from the pool room and was putting money in the jukebox, moved suddenly and seized the 54-year-old woman by the hair, pulling her out from behind the bar before repeatedly punching and kicking her on the head and body.
“The woman sustained bruising to her neck behind her ear, her head was tender to the touch and she had a sore back and legs,” Mrs Gair said.
While this was happening Anthony McPhee punched the male customer in the head, knocking him to the ground.
The man got up but went down again after repeated punches to the head and body.
Victim’s eye socket and cheekbone fractured
“He held his head in his hands, at which point Anthony McPhee kicked him to the head,” the fiscal depute said.
When the man got up again, Lee McPhee joined the attack, glassing him over the head before punching him.
His attack was stopped by the two females and Anthony McPhee, who were seen on the CCTV to drag him away.
But Anthony McPhee then continued to attack the man, punching him to the floor, before Lee McPhee, 19, kicked him in the head.
The man was left with a fractured left eye socket and fractures to his cheekbone.
He also suffered a burst blood vessel in his left eye and a two-centimetre cut below his left eye that needed glueing, not to mention bruising to his head and body.
After the attack the four left The Crown Inn and headed to the nearby Commercial Hotel on Mid Street.
Attackers moved on to second pub
When they arrived, just after 6pm, a man was having a drink at the bar and a woman was serving.
As soon as the group arrived, McPhee “without apparent cause” began acting aggressively to the other customer.
They were asked to leave by the barmaid but did not.
The McPhees repeatedly punched the seated man twice in the head. They then attacked another man by punching, kicking and headbutting him, before stamping on his head and body.
Lee McPhee ended the attack by hitting the victim over the head several times with an electric heater.
During the fracas, the 27-year-old barmaid had attempted to call police on her phone, but this was noticed by Kelly, who shouted at her to stop.
Kelly and 22-year-old Baillie, then pulled the woman from behind the bar to the ground and repeatedly kicked her on the head and body. Lee McPhee also joined in the attack, Mrs Gair said.
The woman was left with two bald patches, swelling to her head and bruising to her temple and forearm.
Jail terms for attackers
Baillie, of Glenelg Road, Forres, admitted a single charge of assault to injury.
Kelly, of Blackmuir Cottages, Keith, pled guilty to two charges of assault to injury.
Lee McPhee, of Regent Street, Keith, admitted charges of assault, assault to injury, assault to severe injury and assault to severe injury and danger of life.
Anthony McPhee, a prisoner at HMP Inverness, admitted assault, assault to severe injury and assault to severe injury and danger of life.
Paul Ralph, solicitor for Kirstie Kelly, who was jailed for 32 months, said: “She found it unpalatable to see what she had done.”
Anthony McPhee was jailed for 54 months. His agent, Gerry Sweeney said: “He is deeply ashamed and appalled at his behaviour. He has never seen himself drunk before. Thank God things did not turn out worse than they did.”
Lee McPhee’s representative, Pat Campbell said: “He is similarly appalled on seeing the video. He has taken the decision to stay out of trouble when he is released.”
McPhee was sent to detention for 43 months.
Baillie was jailed for 13 months. Mr Latif said: “She expresses regret and shame and apologises. She was not the main actor.”
Anthony McPhee’s sentence was backdated to February 17 last year while the other three had theirs backdated to March 1.
‘Your behaviour was unprovoked, prolonged and vicious’
Sheriff Matheson recognised Baillie’s involvement was “the most minimal.”
She added: “But this was an unprovoked assault on a lone bar worker – three against one. Bar workers are entitled to the protection of the courts.”
The sheriff noted that Kelly “struck the first blow and you went on to carry out a vicious assault, removing clumps of the barmaid’s hair, leaving her physically and psychologically injured”.
Of Anthony McPhee, Sheriff Matheson said: “I have given serious consideration to remitting you to the High Court for sentence.”
The maximum sentence a sheriff can impose is five years, whereas the High Court has the option of up to life.
She added: “But I have decided that I can deal with it here. Your behaviour was unprovoked, prolonged and vicious, leaving two people seriously injured.”
The judge then told Lee McPhee: “There was a considerable level of violence here involving four complainers.
“If you were over the age of 25, I would have imposed a sentence of 58 months.”
