A war hero who was left with a bleed on the brain has branded the justice system "totally broken" after the thugs who battered him while he lay helpless on the ground walked free from court.
Brian Kelly, himself an army veteran, and Derek Gallacher carried out a "vicious" assault on former Royal Marine Christopher Smith on Remembrance Sunday in East Kilbride.
The victim's shocking injuries included bleeding on the brain - for which he spent weeks in a hospital neurology unit - and a broken nose, as well as cuts and bruising.
Mr Smith, who served in Northern Ireland during the Troubles, previously told how he thought he was going to die in the unprovoked attack.
Kelly and Gallacher walked free from Hamilton Sheriff Court today (Monday) as Sheriff John Speir agreed "with some hesitation" not to send them to prison.
They were given community-based sentences instead.
Speaking to Lanarkshire Live, Mr Smith said: "The legal and justice system is totally broken - there are no other words for it.
"I feel badly let down as I was genuinely hoping a custodial sentence would be imposed.
"During the attack itself I didn’t know what to do. I couldn’t fathom what was happening – on Remembrance Day of all days.
"They were kicking and punching me on the face, head, body – everywhere. It was so vicious.
"They nearly killed me - it's just unbelievable that they have walked away but that seems to be the way the system works these days."
Kelly, 34, of Belmont Drive, and Gallacher, 40, of Kirkton Place, admitted assaulting Mr Smith, then 61, to his severe injury in Stuart Street, East Kilbride, in November 2019.
The frail victim was approached by the accused as he walked home from a pub.
Kelly saw the medals Mr Smith was wearing and said he had friends who died in Afghanistan.
Mr Smith replied that he too had lost several friends in action, but then Kelly punched him several times, knocking him to the ground.
Gallacher joined in and the victim was kicked on the head.
Both men left but as Mr Smith tried to get to his feet, they returned and attacked him again.
Defence solicitors told Sheriff Speir alcohol had played a significant part in their clients' behaviour and both have given up drink since the assault.
Letters of support for both men, who hold down full time jobs, were lodged.
Laura Kiernan, defending Kelly, said he served in Afghanisation and lost friends there. He suffers from post-traumatic stress and has received help from servicemen's charity Combat Stress.
Referring to the attack, Ms Kiernan told the court: "There was an exchange about war medals and unkind words were said by the complainer, but Mr Kelly accepts he should not have resorted to violence.
"He is remorseful and has been addressing his issues. He has tried his best to right his wrongs and ensure he is not back in the place he was a few years ago.
"He became a father recently and I would commend what is an exemplary criminal justice social work report."
Gerry McGuire, representing Gallacher, said his client was not involved in the initial altercation, but accepted he joined in the assault.
Mr McGuire stated: "He is ashamed of his behaviour. When he saw the CCTV images he was mortified. It was unacceptable and he apologises to Mr Smith."
Sheriff Speir said the men will be under supervision for 12 months and each must do 300 hours of unpaid community work - this was despite warning the accused to get their "affairs in order" at the previous court hearing.
Each will be electronically tagged for a year, meaning they can't leave home between 7pm and 7am each day, and each must pay Mr Smith £2000 compensation.
The sheriff told them: "This was a vicious attack and custody was uppermost in my mind.
"But, in view of your genuine remorse and the terms of the background reports, I feel able, with some hesitation, to deal with it by way of an alternative.
"Think yourselves fortunate."
**Don't miss the latest headlines from around Lanarkshire. Sign up to our newsletters here.
And did yo u know Lanarkshire Live is on Facebook? Head over to our page to give us a like and share.
