Tyre fitter who burned workmate avoids jail

Jun 4 2009

A TYRE fitter who badly burned a colleague during horseplay at work was last week ordered to carry out 240 hours’ community service.

At an earlier court appearance, Stephen Allan, of Hill Street, Burnbank, had earlier admitted culpably and recklessly spraying flammable material on to Barry McClenaghan’s clothing on March 6 last year at Tyre Wholesale in Bellshill.

The court was told that the 18-year-old had ignited a cigarette lighter, setting fire to skin on Mr McClenaghan’s hand and clothing - and injuring him to his severe injury, permanent disfigurement and permanent impairment.

Following the incident Mr McClenaghan’s hand required a skin graft from his thigh.

He also needed to wear a protective glove over his hand as a result of the incident.

Allan had sprayed ‘liquid buffer’ on to Mr McClenaghan’s clothing during the carry on at the workplace.

Knowing the material was flammable, however, Mr McClenaghan asked him to stop.

Allan sparked a lighter “playfully” around the complainer.

Mr McClenaghan told him some of the material had gone on to his hand and again asked him to stop.

At that point a car came into the garage distracting the complainer.

When Mr McClenaghan turned round the accused sparked the lighter next to his colleague’s arm which caused his clothing and hand to catch fire.

It was extinguished by people at the garage and Mr McClenaghan was taken to hospital where he was treated for his injuries.

At Hamilton Sheriff Court last Thursday, Allan’s agent John Costello told the court that Allan recognised the offence was a serious one which could attract a custodial sentence.

But he stressed that it was one caused through “thoughtlessness and recklessness rather than malice.”

Allan, he added, was very contrite for the “severe and devastating effects” his actions had caused to the complainer.

The social enquiry report prepared for the court, stated that Allan was of low risk of re-offending and had no alcohol or drug issues.

Allan, added the lawyer, never had any intention of causing his colleague harm and was willing and able to carry out community service.

Sheriff Smart described the offence as an “awful” one with terrible consequences.

However, she observed that Mr McClenaghan, in a precognition to the procurator fiscal, had said that he did not think Allan wanted to hurt him.

She told Allan: “Because of your previous good character there is a margin to deal with this by way of a community disposal. There is also the fact that you have no previous convictions.”

She imposed the community service term as a direct alternative to custody.