Man fined for attack on boy (12)

A Shawhead man attacked a 12-year-old schoolboy after accusing the youngster of repeatedly urinating at the common close area outside his elderly mum’s home.

David McCluskey confronted the boy while he was on his way to school on Berwick Street, Coatbridge, and proceeded to slap him on the head and kick him on the backside.

The aggressive 49-year-old, of Clunie Place, owned up to the assault – which took place on June 22 last year – and returned to discover his fate at Airdrie Sheriff Court last week after reports into his background were completed.

Procurator fiscal Yolande Love described McCluskey’s violent actions on the day of the offence:“At 8.35am, the complainer – a 12-yearold boy – left the shop on his way to school and the accused approached him and was clearly agitated.

“He seized hold of the complainer by the collar and said,‘do you think you are smart?’before slapping him on the back of the head.

“He then kicked him on the bottom and told him not to come back to his close.

“The victim contacted the police and when the accused was traced, he said he’d been expecting the police and apologised for his actions.”

Defence solicitor Paul Belardo then spoke in mitigation of McCluskey: “The complainer and him live in the same neck of the woods and the complainer was in the habit of using the common close at Mr McCluskey’s mother’s house as a short-cut.

“But Mr McCluskey caught the complainer, on more than one occasion, urinating there.

“He doesn’t have his problems to seek and this was a stressful time .

“He realises this is a serious matter. Supervision would do him no harm at all, and give him some structure.

“He is in a position to pay compensation to the victim.”

Sheriff Frank Pieri decided to hit McCluskey in the pocket:“In the circumstances, I will deal with this by way of a fine of £250, which I have reduced from £350 as you pled guilty at the very earliest stage.”

He seized hold of the complainer and said, ‘do you think you are smart?’