Falkirk brawler attacked man who had been blowing kisses at him

Appearing at Falkirk Sheriff Court last Thursday, Jake McLay, 20, had pleaded guilty to the assault he committed outside Carron Works Wetherspoons, Bank Street, Falkirk on January 23 last year – pushing a man to the body, causing him to fall and strike his head on the ground to his injury.

Procurator fiscal depute Christine Brownlie said: “It was 7.30pm and the complainer had been in Falkirk on a night out at Wetherspoons. At 1am he had left the premises and was standing outside with a number of his friends.

"The accused exchanged words with the complainer and then pushed him to the body, causing him to fall back so his head hit the concrete, causing it to bleed. The accused has then left.

"The complainer was taken to hospital but did not receive any treatment and was discharged with a cut to the back of his head. The incident was captured on CCTV.”

William McIntyre, defence solicitor, said there was some level of provocation involved, adding:"He had been blowing kisses towards Mr McLay.”

There had been a push and “unfortunately” the man had fallen over.

McLay had pleaded guilty to other assaults committed outside the Royal Mail, 1 Garrison Place and Grahamston Railway Station and in Vicar Street, Falkirk on February 26, 2022.

The procurator fiscal depute said: “It was 11.30pm and the complainers had been drinking in the town centre in Falkirk and left to go to the train station in order to catch a train going to Stirling.

"They became aware of the accused on the platform. The accused left towards the underpass heading towards the town centre and the complainers decided to catch up with him.

"The accused has then turned and picked up a bottle and thrown it towards one of the complainers, but failed to hit him. He then proceeded to strike him on the head causing bleeding to his nose and mouth and his right eye."

While the man was “slumped” against a wall, “dazed”, McLay kicked him on the body then turned his attention to the other man and punched and kicked him to the body before leaving the area.

Mr McIntyre said there were two people at the train station who were giving certain looks and making comments to McLay and the person he was with.

He said: “He thought it would be better if he left the train station. They were followed by the two people from the train station and he didn’t know why. He was concerned they had ideas about attacking him.

"It was a case of getting his retaliation in first.”

Mr McIntyre said McLay was no longer drinking and his lifestyle had changed “dramatically”.

Sheriff Christopher Shead placed McLay, 6 Comely Park Gardens, Falkirk, on a supervised community payback order for 12 months with the condition he complete 160 hours of unpaid work in that time.