Estate worker assaulted Polish Killean colleague

A KILLEAN estate handyman who threw a metal bar at a colleague caused an injury needing stitches.

Donald Johnstone, 51, of 6 Cara View, Tayinloan, was found guilty of a charge of racially aggravated assault, and a second charge of behaving in a threatening manner and uttering racial remarks.

At Campbeltown Sheriff Court last Wednesday, Johnstone pleaded not guilty and used a defence of self-defence after he was involved in an altercation with two Polish co-workers.

The court heard that on March 13 Johnstone found that the quad bike he used had been moved. He went to its shed and found it locked.

Here he met his co-workers, brothers of Polish origin. Johnstone said he asked one brother for the key. He claimed the other launched an unprovoked attack and said: ‘I saw a figure com- ing towards me with a fence post. He whacked me on the back and I could see stars.’ He said both brothers kicked and punched him. ‘I threw the metal bar in self-defence.’

He said that one brother had said to the other: ‘That’s enough, that’s enough.’

One of the victims, giving evidence through an interpreter, said on the morning Johnstone’s behaviour was not normal and he appeared to be under the influence of something.

After he asked Johnstone to go home, Johnstone walked away and threw the piece of metal in the direction of the shed but it struck one of the men.

The witness said: ‘My brother was standing facing the garage, slightly in shock. He was bleeding on his cheek.’

The victim grabbed Johnstone on his shoulders and told him to go home once again.

Johnstone called the pair ‘a ****** s’ and told them to ‘go back to Poland’ and ‘get the f*** out’.

Estate owner, Anthony Alan Gladwin, said that Johnstone turned up for work that day at 8.20am and appeared as usual. He received a call at around 10am from one of the brothers.

Mr Gladwin said: ‘He asked if Donald should be given the mini digger because he seemed intoxicated. I said absolutely not.’

At about noon, Johnstone appeared at the estate’s big house, and Mr Gladwin said: ‘At that point it was clear that Donald was intoxicated. It became apparent he couldn’t work so I sent him home. He left, I thought, to go to his house.’

The next thing Mr Gladwin remembers is Johnstone coming to his office to tell him he’d had a fight and one of the victims also appeared.

Mr Gladwin said: ‘He had blood streaming down his face. I took him into the kitchen and my wife administered first aid.’

Asked by the procurator fiscal depute if Johnstone appeared hurt, Mr Gladwin said: ‘There was no visual blood or anything. [The victim] was covered in blood.’

The incident was only reported to the police the following day, by Johnstone, after he was stopped for a separate reason.

Johnstone said: ‘I made the complaint, I was stunned when they came back and charged me.’

The depute fiscal asked Johnstone if he struggled to recall the events because he’d been drunk and Johnstone replied it was a long time ago and that he couldn’t remember. The fiscal said: ‘But you’re asking us to go by your version of events?’

The depute fiscal asked Johnstone how far away the victim had been from him when he threw the metal. Johnstone replied: ‘A couple of metres.’

The procurator fiscal depute continued: ‘He’d moved away from you before you threw the pole. Why were you required to throw the pole?’

Asked if he’d said anything to the victims about their Polish nationalities, Johnstone replied: ‘No.’

The depute fiscal said: ‘His version of events doesn’t ring true. He is making this up to lessen his own actions.’

Johnstone’s defence solicitor said: ‘His defence is self defence. The incident was over in a matter of seconds, his actions were almost instantaneous.’

Sheriff Patrick Hughes said that on the day, it is accepted that Johnstone struck and injured [the victim] and was told to leave the estate.

The sheriff added: ‘I do not believe that the victims would have said ‘that’s enough’ in English.’

Sheriff Hughes said that he was satisfied beyond reasonable doubt that Johnstone was guilty.

Sentence has been deferred until August 24, for a criminal justice social work report.

His version of events doesn’t ring true. He is making this up to lessen his own actions Procuator Fiscal