A prisoner of HMP Grampian who tried to accuse his solicitor of coercion has been locked up for another nine months.
Grant McDonald, Samuel Lowton and Connor McVey appeared at Peterhead Sheriff Court for sentencing after they each admitted their parts in attacking a fellow prisoner three years ago.
McDonald, 43, however, attempted to have his plea changed at the last minute following a disagreement with his defence agent, Leonard Burkinshaw.
Despite signing documents that said otherwise, he claimed he no longer accepted the Crown’s version of events that led to him kicking the other man while he was on the ground in Grampian’s Ellon Hall.
“I felt under pressure and coerced, to be honest,” he told Sheriff Annella Cowan, adding Mr Burkinshaw had “smiled” at him as part of negotiations towards getting the case dealt with.
His claims forced a break in the hearing – and saw Mr Burkinshaw drop his client – after which the sheriff told McDonald that she would not be allowed to renege on what was already agreed.
In reply, the HMP Grampian inmate apologised and blamed his nerves.
His attempts to apologise and speak to Mr Burkinshaw – however for the remainder of the hearing those reconciliatory approaches were met with headshakes from the Peterhead-based lawyer.
DVD loan turned into kettle cable attack
The court heard his victim, Cameron Webster, had only been in HMP Grampian for two weeks before the trio carried out their assault.
Mr Webster had gone into Lowton’s cell to borrow a DVD when “without warning” the cell door closed and he was assaulted.
The attack included being hit with a cable from a kettle and being kicked by Lowton, 30, and McVey, 28.
Fiscal depute Jennifer Pritchard said: “Accused Lowton states he would slash and cut him.
“As he ran, accused Lowton pulled his t-shirt to try and pull him back in but he broke free.”
As a result, Mr Webster suffered two wounds to his scalp and a contusion to his arm where it had been jumped on.
A changed man
Defence agent Andrew Ormiston, representing McVey, said his client had changed his ways since his imprisonment and was now looking forward to starting a family with his partner.
He produced character references and evidence of qualifications McVey, of Cawthorne Avenue in Kirby, has since achieved.
“Mr McVey is an individual who, since his release from custody, has turned his life around,” he said.
“He has taken steps to better himself. He has taken courses that will enable himself to secure long-term employment.
“This has occurred very early on during his period of imprisonment. He has learned and progressed.
“In respect of him, there is a reasonable alternative to a custodial sentence.”
In sentencing, Sheriff Cowan branded McVey’s actions as “extremely serious” but “with a great deal of hesitancy” agreed that an alternative was appropriate.
In place of a nine-month custodial sentence like his peers, McVey will fall under the supervision of the social work department for three years.
Duo get sent back down
Lowton and McDonald were not afforded the same reprieve.
Representing HMP Perth inmate Lowton, defence agent Iain Jane said his client was already serving a custodial sentence for another matter and accepted the court had limited options available.
Mr Jane said: “He is not under the current sentence going to be anywhere close to being eligible for parole.
“There hasn’t been an issue in terms of the narrative. He is a principal actor. The background here appears to be the supply of drugs between parties.”
McDonald, with no representation, spoke himself during mitigation.
His voice breaking as he addressed the sheriff, he pleaded for a chance and pointed at work he had done with psychologists and the Greene King scheme as evidence of his changed character.
He said: “I can promise you, I’m not the same man.
“Basically, I apologise for my actions that day. Over the course of three years I’ve bettered myself. I don’t feel I’m a threat to society.
“I’ve made some terrible mistakes and I’d like to apologise to all my victims. I will also stay away from negative peers and influences.”
Asked by Sheriff Cowan if there was anything more he would like to say, McDonald added he was going to explore peer mentoring.
“Maybe I could help them a little bit with my experiences,” he said.
“If I’m given this chance, I promise I won’t let you down.”
Sheriff Cowan advised that he should first focus on keeping himself out of trouble, and handed both Lowton and McDonald sentences of nine months which will be served consecutively to their current prison terms.