Two found guilty of M&Ds fracas

Nov 13 2008 by Alastair McNeill, Hamilton Advertiser

A HAMILTON brother and sister were last week convicted of creating a disturbance at a Lanarkshire night spot.

Tracey and Thomas Ward had denied committing a breach of the peace at the Bizarre Bar at M&D’s early on February 25, 2007.

However, on the fourth day of a trial at Hamilton Sheriff Court last week, both were found guilty of the offence.

Tracey Ward (26), of Pitreavie Court, had been charged with assaulting steward Adam Korycinski with a glass tumbler to his severe injury and permanent disfigurement. However, the jury by majority returned a not proven verdict on this charge.

Thomas Ward (24), of Fraser Crescent, had also been charged with assaulting Mr Korycinski by punching him on the face to his injury, and assaulting his colleague Thomasz Wlottkowski by kicking him on the face to his injury. However, the jury returned not guilty by majority, and not proven by majority verdicts respectively.

Last Thursday, the third day of the trial, a police officer told the court he had to call for reinforcements after coming across the disturbance outside M&D’s early one morning.

Constable Brian Ratcliffe, who had been on patrol in a police car, said the atmosphere during the fracas had been hostile and threatening.

The 33-year-old told the court that he had been in the car on Spine Road, Strathclyde Park, around 1am on February 25.

As he approached M&D’s he saw a large group outside the foyer and a male from the group flagged the police car down.

A large crowd were outside the premises and people in the group were being restrained by stewards.

One steward, he said, was holding a man’s arms behind his back as he lay on the ground and another was holding a woman where she stood.

He estimated the crowd was made up of between 15 and 20 people, and five to seven of those were stewards.

Constable Ratcliffe described the behaviour of the crowd as “agitated and emotional.”

The officer said he tried to find out what had occurred and made a request for “all units” to attend the scene.

The stewards had been very angry and there had been a lot of shouting and swearing at them.

Constable Ratcliffe added: “I was concerned about the conduct of the stewards, in case they turned violent.”

Asked by fiscal depute Alison McKenna if he could see anyone in court who had been shouting at the stewards, he pointed to Thomas and Tracey Ward in the dock.

He said he could not remember what Tracey Ward was saying. However, her brother was shouting: “Get your hands off me you Polish b******. Get to f***,” and other swear words.

After the jury returned their verdicts, Sheriff Danny Scullion fined Thomas Ward £300 and admonished Tracey Ward for the breach of the peace.