New Year attack on epileptic man after comment

A man who suffers from epilepsy was attacked outside his Perth city centre home just two hours into the New Year after his two assailants misinterpreted a comment made by a neighbour.

Mark Donaghy was first punched in the stomach and retreated inside his flat at St Johnstoun’s Buildings in Charles Street.

But another man then smashed a window by punching it with his fist, causing £300 worth of damage.

Both accused walked off towards Canal Street and Mr Donaghy followed them into nearby Horner’s Lane.

But the pair then turned and ran back towards him - and he was struck to the head and body.

Police had been called and they arrived to see the assault in progress, Perth Sheriff Court was told.

They fled the scene but Derek Wright was apprehended in Canal Street and Mark Kerr was caught in Scott Street.

Thirty-three-year-old Wright, of Milne Street, Perth, and Kerr (43), of Dunskaithe Place, Glasgow, will be sentenced on March 3 after background reports have been prepared.

Wright admitted punching the victim on the body on January 1 while Kerr pled guilty to wilfully or recklessly striking a window at St Johnstoun’s Buildings, breaking it, and then repeatedly punching Mr Donaghy on the head and body, to his injury.

Depute fiscal Lisa Marshall said Mr Donaghy was outside his home just after 2am with friends and a neighbour.

As the neighbour walked back to her home, she jokingly made the comment.

But the two accused, who were nearby, then shouted:“Who are you calling a d***head?”

The pair then made their way towards Mr Donaghy who tried to point out the remark was not directed at them.

Kerr was seen removing a belt from his waist and Mr Donaghy“tried to diffuse the situation”and went into his flat.

He then returned“almost immediately”with his dog - described as a“working dog”. Kerr then said:“What are you going to do with your dog?,” before punching him to the stomach.

Again the complainer returned to his flat but Kerr smashed the window.

The police were contacted by mobile and Mr Donaghy followed both men as they made off towards Horner’s Lane.

“They both came running back towards him and Mr Kerr began punching him to the head and body,” added the fiscal.

The victim suffered cuts to two of the fingers on his right hand, a large graze to his right cheek and a red mark on his wrist.“No medical treatment was required,”added the fiscal.

Solicitor Mike Tavendale, representing both accused, said although they had pled guilty to the charges, a lot of what had been said was “perhaps not accepted”.

Wright had previous convictions, but none for violence, and had stayed out of trouble for the past five years.

Nevertheless, Sheriff Neil Bowie called for social work reports and restriction of liberty order assessments before deciding their fate.