A dad has been convicted of assaulting a 12-year-old boy with additional support needs who got into an argument with his son at an Inverurie playpark.
Malcolm Farquharson was found guilty following a trial at Aberdeen Sheriff Court of chasing the child across Martin Brae Park before taking hold of him and striking him in the face.
The court was told the 52-year-old flew into a rage after his son got into an altercation with a boy over whose turn it was on the swings.
Farquharson then chased the boy down, grabbed him around the neck and assaulted him to the extent the child had to be taken to hospital.
Sentencing the father-of-one, Sheriff Robert Frazer told him he was “fortunate” the boy’s injuries were not more serious.
Following the verdict, the boy’s mum told The Press and Journal that her son still suffers nightmares as a result of the assault and has been left “traumatised”.
Dogwalker witnessed Inverurie playpark assault and intervened
During the trial, the court heard from the boy, who gave evidence through a pre-recorded video and stated that he had been playing on the swings when another boy wanted a shot.
The two boys got into an argument and the other boy ran off.
Soon after, the boy said Farquharson appeared in the park, chased him down, grabbed him by the throat before punching him “full force” to the head and throwing him to the ground.
Judith Grant, a witness whose daughter was playing in the park at the time, said she heard a commotion before looking out of her window to see a man standing over a boy who was lying on the ground.
Another witness, David Forbes, stated that he was walking his dog when he saw a boy dash out of Martin Brae Park while being pursued by a man.
He said he saw Farquharson then grab hold of the boy and “strike him” to the face, at which point he ran to the boy’s aid.
Asked by fiscal depute Emma Petersen how the boy looked when he arrived, Mr Fornes said: “I think he was quite scared – petrified to be honest.”
Mr Forbes then intervened and told the court he took Farquharson away from the child.
“He was still shouting,” he said. “I think he was trying to make an excuse for what he had done.”
While being cross-examined by defence agent Sian Grant, Mr Forbes said he wasn’t able to tell whether it was a punch or a slap he had witnessed.
“Did you see any injuries to the boy at the time,” she asked.
“Yes, he had a red mark on his face,” Mr Forbes replied.
Farquharson also gave evidence in his own defence, telling Mrs Grant that he had indeed run into the park and that a group of children “legged it” upon seeing him, including the boy.
He said he managed to catch up with the boy and admitted pushing him, but said he did not strike him.
Mrs Grant asked: “You accept that you assaulted the boy, in that you pushed him, but nothing else?”
“No,” Farquharson replied.
During cross-examination by Ms Petersen, she put it to Farquharson that he had decided to “take matters into his own hands” that day and struck the boy.
“No,” he replied, before suggesting that he believed witnesses in the case to be lying.
“I would suggest that the only person who has a reason to lie is you,” Ms Petersen said.
The final court witness was a 14-year-old girl who was part of the group of children in the park that day and who backed up Farquharson’s claim that he had only pushed the child.
Ms Petersen told her the court had heard evidence that Farquharson had “struck the boy to the face”.
“But he didn’t,” the girl replied. “I saw that he didn’t do that.”
Sheriff Frazer said that “on balance” he believed the evidence provided by David Forbes, who he considered the “most independent” of the witnesses who had “no good reason” to embellish his evidence.
The sheriff sentenced Farquharson, of Esslemont Drive, Inverurie, to an eight-month structured deferred sentence for him to be of good behaviour.
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