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Plumbers assaulted Stonehaven pubgoer who punched pensioner, court told

Josh Cruickshank, 27 and Kieran Livingstone, 23 had been on a day out with a group of friends before they became involved in the ongoing fracas outside the Market Bar.

The Market Bar, Stonehaven, where the assault took place
The incident happened outside The Market Bar in Stonehaven.

Two plumbers have admitted assaulting a man outside a Stonehaven pub after he allegedly punched a pensioner.

Josh Cruickshank, 27, and Kieran Livingstone, 23, had been on a day out with a group of friends before they became involved in the ongoing fracas outside the Market Bar.

The pair have now appeared at Aberdeen Sheriff Court and admitted one charge of assault.

Their victim had also been out drinking on July 1 last year, but was refused any more drink at the pub and was asked to leave the premises.

Punches thrown

Fiscal depute Lucy Simpson said Cruickshank and Livingstone arrived at the Market Bar at around 8pm and found the man outside having an argument with another male.

“He was causing a disturbance,” Ms Simpson said. “He [the complainer] threw a punch at another patron.”

Cruickshank and Livingstone “approached him about this” because he was “acting aggressively” towards the other male.

Ms Simpson told the court that female barstaff came out and tried to separate the men, at which point Cruickshank came to their aid.

‘He regrets being involved’

“Cruickshank ran towards the complainer, punched him to the head and the complainer fell to the ground, unconscious,” Ms Simpson said.

“Thereafter, Livingstone ran towards the complainer, who was lying on the ground, and repeatedly punched him to the head and body – leaving the mark of a footprint on his face.”

Livingstone’s defence agent Iain McGregor said his client was a first offender and he and his friends had been out during the course of the afternoon.

“[The complainer] was being a nuisance to an elderly couple,” Mr McGregor explained. “He had punched the elderly male and this incensed Mr Livingstone.

“He took the view this was out of order and decided to involve himself. He is remorseful and regrets being involved.

“If he had been sober, he would not have involved himself in this.”

‘Alcohol was the driver – but that is no excuse’

Cruickshank’s defence agent Gregor Kelly said his client had been enjoying an “amicable” day with his friends and conceded they had been drinking “not excessively”.

“[The complainer] was making a nuisance of himself and hit an elderly man,” Mr Kelly said. “However, this does not excuse the behaviour of Mr Cruickshank – the red mist descended.

“It is entirely unacceptable and is out of character. He is a first offender and a hard-working man. He likes to indulge in sporting pursuits and does not usually resort to violence.”

Sheriff Gareth Jones said it was a “very serious” incident having rendered their victim unconscious by punching, kicking and stamping, and added: “Irrespective if he threw the first punch – it could have been far worse than it was.

“Alcohol was the driver – but that is no excuse.”

He sentenced both Livingstone, of Scotstown Gardens, Aberdeen, and Cruickshank, of Marine Place, Aberdeen, to 240 hours of unpaid work – ordering them to pay their victim compensation of £300 each.