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Daily Record
Daily Record
National
Tim Bugler

Scots mental health campaigner who 'repeatedly kicked' man in street dodges jail

A mental health campaigner who assaulted a man in the street after getting drunk at a Christening event was spared jail today.

John Macdonald, 30, was told by a sheriff that it was "sheer luck" he didn't cause serious injury to his victim, Kevin Goldie, 20, whom he attacked at the end of a night out.

CCTV of the incident in November last year (2021), played in court, showed Macdonald raining punches on Mr Goldie's head and repeatedly kicking the younger man on the body after he fell to the ground during the attack in Kerse Lane, Falkirk town centre.

Muscular-looking Macdonald, described by his own solicitor as "a big lad", whose slick and professional "Healthy Distraction" podcast is available on Spotify and Apple, is then seen in the video to walk off in the company of three women.

Falkirk Sheriff Court heard that the kicks "appeared to be delivered with some force" but luckily Mr Goldie only suffered what was called "a slight pain in the neck" as a result.

Prosecutor James Moncrieff said the attack followed "a verbal altercation", though the defence claimed Macdonald had been spat at.

Mr Moncrieff said: "A comment was made, and things escalated."

Macdonald, single, a first offender, of Larbert, Stirlingshire, pleaded guilty to assault.

The incident happened on November 7th, 2021.

Solicitor Murray Aitken, defending, said Macdonald had been at Christening and had been walking home in the company of female friends.

He said: "They came across two youths, whom they didn't know, who starting making some sort of comments about the women, in a derogatory manner.

"Mr Macdonald's acquaintances became involved in an exchange, and the individual Mr Macdonald thereafter assaulted spat on him.

"That night, that set him off.

"He never normally behaves in this way."

He said Macdonald "spends a lot of time being pro-social" and was "thoroughly ashamed, shocked and embarrassed" at what he had done.

Mr Aitken said Macdonald, a self-employed roofer, had set up his podcast to back mental health charities, and he also volunteered weekly with homeless person's charity Kindness Glasgow.

He said: "He is not somebody who usually goes out. He had a Christening that day -- he was dressed up -- and this was the end of the night and he was extremely intoxicated with alcohol and maybe that has affected his judgement.

Sheriff Derek Livingston fined Macdonald £940.

He said: "Normally I'd undoubtedly be calling for reports with a view to custody. But I take into account what's been said on your behalf, and more importantly that you've got no previous convictions.

"That said, you're fortunate not to be facing a more serious charge.

"It looks to me sheer luck that you didn't cause severe injury."

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