Accused yelled at gang who mocked his family

A man in court to support his OAP dad after he was battered on a bus ended up in the dock after kicking-off at his attackers’ pals.

Martin Brain, 35, bawled at a gang mocking his family during a break in the assault trial at Paisley Sheriff Court.

He was collared by police after they heard him shouting at the mob.

Brain was ordered to carry out community service after he admitted yelling at the group in the courthouse corridor.

Prosecutor John Penman told how he spent a night in a cell after being lifted for making threats.

He said: “Police were leaving a witness room when they walked into the waiting area.

“They observed the accused shouting, ‘you’re getting f*****g done in’.

“This was in the direction of members of the public. “They dealt with it by arresting him. “He was well aware of his conduct.” The court heard Brain was in the building with his dad James, 65, after he had been battered on a bus.

Their case was adjourned when they were approached in the corridor by a group who had travelled in with his father’s attacker on April 3.

Defence lawyer Paul Lynch told how the exchange was captured on CCTV and insists his client “lost his composure” after being taunted about what happened.

He said: “Mr Brain was not at court as an accused or a witness.

“He was there with his brother to offer support after his father had been the victim of a particularly nasty assault on a bus some months earlier.

“The case had been adjourned due to lack of court time.

“There was a large contingent which had accompanied the accused persons and had waited for Martin and Jamie Brain and approached them.

“They had been laughing and mocking Mr Brain because the case was being adjourned.

“As they were walking away they heard mocking in the background and he turned around and made the remark.

“It was a highly-charged day and Martin lost his composure.”

James Brain was left with facial injuries after he was set upon during an unprovoked attack on the McGill’s 61 service from Foxbar to the town centre.

He needed six stitches to his eye after he was struck on the head and in the ribs during the ordeal in March last year.

Two men were later jailed for six months each over the assault.

Sheriff Linda Nicolson accepted Brain was made to feel “anxious” by what happened in the court, but insisted he was punished.

She said: “Your behaviour was entirely unacceptable.

“This is a matter which must be taken very seriously by the court and marked accordingly.”

Brain, of Mannering Road, Paisley, was ordered to carry out 63 hours on unpaid work within three months.