Fears that cabbies’licences could be cancelled

Lawyers for the three cabbies said they feared that Stirling Council’s regulatory functions panel would now cancel their licences, resulting in the loss of their livelihoods.

Frazer McCready, for James Stewart, said:“It seems to be an incident where the red mist came down. There is no suggestion that any long-term or residual injury was caused.”

Sheriff Simon Collins QC fined Stewart £450 and Edward Davidson £500 – the higher penalty in Edward Davidson’s case reflecting the fact that he had denied the charge. Brian Davidson was fined £180.

Sheriff Collins told Stewart:“I don’t know what this man did to provoke you, but nothing he did could justify your actions. You could have just driven away.

“You chose instead to get out of your car and assault him, causing him to fall to the ground, apparently rendering him unconscious for a couple of minutes.”

He told Edward Davidson:“Contrary to the position which you adopted at trial, it was abundantly clear that you chose to get involved in this matter by kicking the complainer twice to the head as he lay defenceless on the ground.”

He told Brian Davidson:“You could of course have simply driven away but you chose to get out, and the complainer having been pushed to the ground by Mr Neilson you kicked him on the head on the ground. You accepted he had been assaulted by you, and the Crown rightly accepted that it was carried out under provocation.”