Paisley man admits New Year's Day attack

A man is facing jail after admitting bottling another man on New Years Day following an argument.

Published 1st Jun 2017
Last updated 1st Jun 2017

A man is facing jail after admitting bottling another man on New Years Day following an argument.

Kevin Hayes left Michael Drain scarred for life in the early hours of January 1 this year in Paisley, Renfrewshire.

Hayes bottled Drain on the head and then rained kicks on his body at Drain's flat in the town's Renfrew Road.

The town's sheriff court heard today that Hayes and had been arguing with a woman in the flat while Drain pretended to be asleep on the couch.

Drain tried to bring the argument to an end and was bottled by Hayes, leaving him needing five stitches to seal a face wound.

The details emerged today when Hayes, 38, appeared in the dock at Paisley Sheriff Court to admit his guilt over the offence.

He pleaded guilty to assaulting Drain by hitting him on the head with a bottle and then raining kicks on his body, leaving him badly hurt and scarred for life.

Procurator Fiscal Depute Keri Marshall explained: "At about 2am on January 1 the witness Reilly and the accused attended the locus and sat in the living room with the complainer, the witness Drain, consuming alcohol.

"The witness Drain lay down on the sofa and pretended to be asleep.

"At about 4.30am he was lying there and he heard the accused and the witness Reilly arguing.

"The complainer didn't see anything going on, he simply heard the argument.

"He got off the couch, in any event, and went between the pair.

"The accused picked up a Budweiser bottle in the living room and struck the complainer on the head.

"This caused the bottle to smash and also resulted in a laceration above the complainer's left eye.

"The complainer fell on the living room floor, at which point the accused kicked him on the body, twice.

"While the assault was ongoing, the witness Reilly shouted for the attack to stop."

Drain got to his feet and ran from his flat, phoned the police and met them in the close when they arrived.

And, when they went up to the flat to investigate, Hayes walked towards them, stuck his hands out and said "it was me that did it, put handcuffs on me and take me away."

Drain went to hospital for treatment, with medics saying the five stitches he received to seal his wound would leave "permanent scarring on his face."

Defence solicitor Michael McKeown, a partner in law firm Callahan, McKeown and Company, said Hayes had admitted his guilt almost immediately.

The lawyer added: "The consultant was of the opinion that his injuries are minor.

"I'm not seeking to move away from the permanent disfigurement, I'm just seeking to give the court a full picture of the statement obtained by the consultant at the time."

As he called for a background report on Hayes ahead of sentencing as he's never served a jail term before, Sheriff Colin Pettigrew said: "I'm dealing with an unprovoked assault - an unprovoked assault with a bottle, followed up by two kicks.

"Mr McKeown pointed out the opinion of the consultant is it was minor injuries.

"My opinion is you are fortunate, as is the complainer, it was not more serious, as you have absolutely no control over what injury the complainer suffered.

"I have to consider all possible disposals."

Hayes could be jailed for up to five years when he returns to the dock in June to learn his fate.

It's understood Hayes began drinking while watching the Hogmanay Old Firm fixture and continued until he was arrested by police in the early hours of January 1.

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