Road rage thug dodges prison

Irate driver punched 71-year-old

A company director who attacked an OAP driver on the A821 near Kilmahog by punching him on the head and pulling back his thumbs has escaped a jail term.

Stewart Hayes, of Kinlochard Cottages, Aberfoyle, admitted carrying out the assault on 71-yearold Thomas Cremin. He also shouted that he would find out where the pensioner lived following the attack.

But at Stirling Sheriff Court on Wednesday 45-year-old Hayes – who had already voluntarily sent a cheque in compensation to the pensioner for £500 – was also ordered to pay him an additional £500 in compensation along with a fine of £1000.

The pensioner had been driving in his car at 12.30pm on October 27 last year accompanied by his wife and two passengers.

When he approached a junction Mr Cremin noticed a ‘road closed’ sign on the side of the road he was driving on.

He stopped his car and got out to read the information on the sign. The vehicle behind him also stopped.

After reading the sign he realised that the road was only closed at certain times of the day.

Back in the driver’s seat, he went to pull out on to the other side of the road to get round the sign.

The vehicle behind Mr Cremin’s was still stationary but he saw another vehicle about to overtake him.

That vehicle, driven by Hayes, swerved and came to a stop. Hayes got out, opened the door of Mr Cremin’s car and started to punch him.

Hayes was shouting and screaming that Mr Cremin had tried to run him off the road.

Mr Cremin was leaning back on his car with his hands held high to protect himself.

At that point Hayes grabbed hold of Mr Cremin’s thumbs and began to bend them back.

The occupants of the car behind Mr Cremin got out and ran to his assistance.

Hayes was ushered back to his car by his wife but as he returned to the vehicle he shouted that he would find out where Mr Cremin lived.

One of the witnesses took a photo of Hayes’ car and passed it to police, who traced the accused. When Hayes was cautioned and charged by officers he replied: “It’s unfair.”

His agent Ken Dalling told Sheriff William Gilchrist on Wednesday that Hayes “bitterly regretted” his actions which had been the result of “a perfect storm” of family and work pressures.

Hayes, he pointed out, had never been in trouble with the police before. He had also “made arrangements for therapeutic assistance”, said the lawyer.

A letter of apology had been sent to the complainer by Hayes as well as a cheque for £500 to compensate for the “hurt and upset” he had caused.

Asked by Sheriff Gilchrist if Hayes had received a response to the letter, Mr Dalling said he had not. The cheque had however been cashed.

Mr Dalling told Sheriff Gilchrist that the matter would “not entirely go away” for Mr Hayes. However, his remorse was genuine, he added.

Passing sentence Sheriff Gilchrist told Hayes: “What you did was extremely serious behaviour and ought in normal circumstances attract a custodial sentence. It’s clear what you did was a result of a deterioration in mental health. You were effectively having a nervous breakdown at the time. Had it not been for the fact you are a first offender I would have imposed a custodial sentence.”

He told Hayes the £500 already paid to Mr Cremin was not sufficient and ordered him to pay a further £500 in compensation. Hayes was also fined £1000.

Hayes was given four weeks to pay the sums.