The traumatised victim of an Elgin teen thug has hit out after a sheriff allowed his attacker more time to carry out his “lenient” punishment.
Ty McLellan was just 16 when he carried out the brutal attack on Stuart Campbell as he waited for a bus in Fochabers on Christmas Eve morning in 2021.
Mr Campbell suffered severe injuries to his head and body in the unprovoked assault and was forced to give up his job.
Last year, to Mr Campbell’s anger, McLellan, now 19, was sentenced to 130 hours of unpaid work.
This week, at a hearing to review that punishment, it emerged that McLellan had still not completed his community punishment.
Teen attacker ‘taunting the court’
McLellan’s defence solicitor, Megan Lee, told Elgin Sheriff Court that her client had been “quite unwell” and asked for six more months of leeway.
Sheriff Gordon Lamont said McLellan’s attitude towards the unpaid work was “inconsistent” and said the teen was “taunting the court” by not turning up to carry it out.
He allowed the teen three extra months adding: “There is just enough in this report to allow a continuation of the order. You need to be better than this.
“The court needs to see some improvement value.
“If you come back with these types of inconsistencies again, there may be measures put in place which will not be to your liking.
“I am giving you a chance today – take it.”
Attack victim’s anger
McLellan, Calcoats Crescent, Elgin, was told to return to court in three months’ time for a further review.
Speaking after that decision, Mr Campbell hit out at the lack of consideration given to victims of crime.
Mr Campbell, who wrote to the Crown Office shortly after McLellan’s sentence and urged them to appeal his lenient sentence, said: “I’m really angry. It’s all about him and how his mental health was affected.
“They obviously do not give a s*** about me.”
In his letter, Mr Campbell, from Elgin, told the Crown Office about the attack’s “profound” effect on him.
He wrote: “I am deeply concerned and upset with the leniency of the sentence handed out to Ty McLellan last month.
“I felt that during the sentencing hearing that the wellbeing of the violent thug who carried out the attack was considered more than I was as the victim.”
Wider issue in Elgin in wake of bus driver’s death
Mr Campbell also raised the wider issue of teen violence and cited the tragic death of bus driver Keith Rollinson in Elgin last year.
“Such a lenient sentence sends a message to the citizens of Elgin and to the wider public,” Mr Campbell wrote.
“A message that the justice system isn’t ready to come down hard on violent thugs in Elgin.
“It certainly does nothing to give assurance to the poor people of Elgin who are unfortunate enough to have to take a bus at night.”
Fiscal depute David M Morton replied Mr Campbell’s letter saying he “cannot agree” that McLellan’s sentence was “unduly lenient”.
He also assured Mr Campbell that it was “likely” that McLellan – who the fiscal depute incorrectly referred to as Mr Campbell in the email – would be sent to prison if he failed to complete the community service order.
Mr Morton wrote: “Significantly, the Community Order imposed by the Sheriff was imposed as a direct alternative to custodial sentence.
“This means that if Mr Campbell fails to complete the Order he will be brought back before court, and it is likely at that point that he would receive a custodial sentence instead and be sent to prison. In itself, this illustrates that the court has treated this matter most seriously.”
Mr Campbell was waiting for a bus after a night out when McLellan attacked him.
He has since being diagnosed with PTSD and says simple things like a dog barking or the sound of a doorbell still give him a fright.
A spokeswoman for Crown Office and Procurator Fiscal Service said: “We recognise the traumatic impact of violent crime. This was a serious offence and was treated as such by COPFS, with the accused prosecuted and convicted.
“Sentencing is a matter for the court. After full and careful consideration of the facts and circumstances in this case, the Procurator Fiscal decided that there should be no Crown appeal against the sentence.
“We have replied to correspondence from the complainer, who was notified of this decision on 26 July 2024. “