A MAN who knocked out a security guard as he tried to kick him out of a Kilwinning pub has narrowly avoided jail.
David Kirk – also known to use the surname Currie – injured the man’s spleen and kidney by striking him with a pool cue amid an altercation as he was previously barred from the venue.
The thug also assaulted a member of bar staff at the Abbey Gates Bar and Grill during the incident on May 4 last year.
The 30-year-old returned to the dock at Kilmarnock Sheriff Court on March 21 for sentencing after he pleaded guilty to a pair of assault charges.
CCTV footage of the incident was shown at a previous court hearing in February where one of the staff members was seen to face up to Kirk – who had walked to the toilet of the premises – before being punched.
The other male made efforts to intervene but Kirk continued to land a flurry of blows upon the head and body of both.
During the struggle, the member of staff staggered away but the pub’s security guard remained in front of Kirk.
At this stage, he grabbed a pool cue from the nearby table which he used to hit the staff member over the head and to the body.
It was heard that the victim was left bleeding from the head and later fell unconscious.
Kirk’s lawyer Scott Agnew said: “He is under no illusions about just how serious a matter this is and how shocking the conduct was.
“He is deeply ashamed of his actions and the harm caused and that is reflected in the terms of the [social work] report. Mr Kirk goes as far as to say he is disgusted with himself.
“Behind the matters there is no element of pre-meditation, simply a combination of alcohol and street Valium.
“Not only is the matter before the court concerning in its own right, but it is undoubtedly aggravated by his schedule of previous convictions. This will be the first conviction at solemn level. He finds himself with an acute awareness that he is well over the threshold for custody.”
The solicitor explains that the Kilwinning man, of Fergushill Road, is currently on a community payback order, but has made steps to improve his life.
There was a long pause in the courtroom as Sheriff Murdoch Mactaggart considered sentencing options.
He said: “I am pausing because the natural consequence for this type of offending is custody and with all of the information I have received I am considering whether I can impose a community-based disposal.”
As a direct alternative to custody, Kirk was made subject to a restriction of liberty order, which will see him confined to his home address every night between 7pm and 7am for 11 months.
He was also placed on a second community payback order for two years under social work supervision and a conduct requirement to get drug and alcohol treatment.
As part of that order, Kirk will also have to complete 200 hours of unpaid work within nine months.
And he must pay £2,000 in 28 days to the security guard as compensation.
A further review was set for June.
Source – Irvine Times
