Man left shoe print on brother’s face in fight

Fam­ily feud saw one sib­ling gar­gling blood and in hos­pi­tal for sev­eral weeks

The Courier & Advertiser (Fife Edition) - - NEWS - Michael Foy pleaded guilty to as­sault­ing his brother, in­clud­ing kick­ing him in the head. SARAH VESTY [email protected]­

A Fife man was left with a Con­verse shoe print on his face and “gar­gling blood” fol­low­ing a drunken fight with his own brother.

Michael Foy ap­peared at Kirk­caldy Sher­iff Court where he en­tered a guilty plea to a re­duced charge of as­sault to in­jury on sib­ling Owen.

The 36-year-old was ini­tially charged with as­sault to se­vere in­jury af­ter leav­ing his brother ly­ing stricken on the pave­ment in Burn­tis­land fol­low­ing the Septem­ber 2017 in­ci­dent.

Sher­iff Pino Di Emidio said: “Kick­ing to the head is to be treated as a se­ri­ous mat­ter and my pre­lim­i­nary view is that I wish to have a re­port.

“Whilst the footwear was not the sort to be con­sid­ered a weapon, it is still a mat­ter which causes the court to pause.”

He called for a back­ground re­port to pre­pared and will sen­tence Foy on Jan­uary 9.

De­pute fis­cal Jade Doig ex­plained the fight had been wit­nessed by two mem­bers of the pub­lic, who heard shouts of “come on then” be­fore ap­proach­ing the feud­ing duo.

She said: “They ap­proached the ac­cused and his brother and it seems that the ac­cused saw them mak­ing their way over. He be­gan back­ing away and started walk­ing up the hill.

“They no­ticed that the com­plainer was on the ground and had blood com­ing from his mouth and a mark on his face.

“The com­plainer started say­ing ‘my face is sore, some­one has kicked me in the face’. It was noted that he was gar­gling be­cause of the blood in his mouth.”

The vic­tim was taken to hos­pi­tal where he spent sev­eral weeks be­ing treated for his in­juries. He also suf­fered a bro­ken an­kle, though it could not be es­tab­lished ex­actly how that in­jury had been caused.

De­fence solic­i­tor Kerr Sned­don said his client’s po­si­tion was that a “blootered” Owen had been mak­ing com­ments about the ac­cused’s wife be­fore hit­ting him first.

He said: “My client’s po­si­tion is that his brother had started to say rather wor­ry­ing things about my client’s wife, which turned out to be true.

“But Mr Foy did not want to ac­cept them at the time. The per­son who said ‘Come on then big man’ was the brother Owen.

“My client says that his brother punched him first and he re­acted. He punched him and Owen fell to the ground.

“He ac­cepts that that may have been self de­fence but that he should have stopped there. He ac­cepts kick­ing him on the body and the face once, which is a bad as­sault.”

He added: “My client is thor­oughly ashamed of his be­hav­iour.”

Kick­ing to the head is to be treated as a se­ri­ous mat­ter. SHER­IFF PINO DI EMIDIO

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