A man has been jailed after protecting his friend from an attacker – but then going on to boot the man in the head as he lay helpless on the ground.
Robert Mearns initially acted in defence of his friend when a male jumped over a wall and pushed him outside The Lord Byron pub in Byron Square, Aberdeen.
But the 41-year-old went far beyond that, knocking the man to the ground before punching and kicking him to the head, leaving him unconscious on the road.
Angry and emotional family members leapt to their feet and branded the court “corrupt” in an expletive-laden outburst when Mearns, a dad-of-five, was jailed.
Fiscal depute David Rogers told Aberdeen Sheriff Court the incident happened shortly after midnight going into November 12 2023.
CCTV footage from the bar, which captured the incident in full, showed the complainer exiting the lounge bar and pointing toward Mearns and his friend before words appeared to be exchanged.
A kick to the head
The complainer is then seen jumping over a wall, approaching Mearns’ friend and pushing him forcefully to the chest.
He also swung a punch at the man but did not make contact.
The friend then pushes the complainer back before Mearns punches him to the head, causing him to fall backwards onto the ground.
In the footage, Means could be seen standing over his victim, holding him down with one hand and punching him five times to the head with the other.
An unidentified female tries to pull Mearns away but he manages to kick his victim to the head once before others manage to wrestle him away.
The stricken man is left lying on the ground unconscious while Mearns is escorted away by a group onto Byron Avenue and is lost to view.
His victim was later taken to hospital and found to have suffered a broken nose, a fractured bone connecting the left eye socket to the nose and severe swelling to the left eye.
Mearns, of Byron Court, Byron Terrace, Aberdeen, pled guilty to assault to severe injury.
‘It’s accepted he went far beyond what was necessary’
Defence agent Iain McGregor said his client had been at the bar with family and friends celebrating a 21st birthday party.
He said there had been a “confrontation” inside the pub involving the complainer and he, his family and friends left as a result.
Mr McGregor explained: “The complainer essentially leaps over a wall and there is engagement between the complainer and another male, who is a friend of Mr Mearns.
“Initially, it could have been said his actions at that point could have amounted to defence of his friend, but it’s accepted he went far beyond what was necessary.”
The solicitor told the court Mearns is a father-of-five, with the youngest being born just days before the court appearance.
Sheriff Philip Mann told Mearns: “This was a very violent attack.
Outburst in court
“It may have started off as a result of some provocation but you went far, far beyond that which was necessary.
“Even the repeated punching to the head was far in excess of what could reasonably be regarded as defence of another. Certainly kicking to the head was entirely excessive.
“There’s no doubt in my mind this easily justifies a custodial sentence and that’s reinforced by your record.”
He ordered Mearns to be jailed for 15 months and two weeks.
On hearing the verdict, members of Mearns’ family in the public gallery erupted in anger with cries of “f***ing corrupt” and “a***holes” among other profanity before leaving the courtroom.
Handing the court papers back to his clerk, Sheriff Mann commented: “I didn’t hear a word of that.”
She replied: “Probably for the best, m’lord.”
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