Motherwell twins freed as they await appeal outcome

Feb 4 2010

TWIN brothers caged for causing havoc at a Motherwell supermarket have been temporarily released as they await the outcome of an appeal.

John and Aaron McCafferty, both 17, have both appealed against their custodial sentences for their part in the incident at Asda on November 15 last year.

During the disturbance, John McCafferty chased another youth with a piece of wood, a window was smashed and the store’s panic alarm was set off.

John McCafferty was sent to a young offenders’ institution for six months, while his brother Aaron was sentenced to three months.

However, last week an order was made to grant the pair interim liberation while their case waits to be called at the Court of Appeal in Edinburgh.

The McCaffertys’ solicitors anticipate the appeal will be considered in the Spring.

Last month, Hamilton Sheriff Court heard that the twins, both of Magna Street, Motherwell, visited the store on a revenge mission after a female friend had telephoned them, claiming that a drink had been thrown at her by a youth nearby.

Shocked shoppers saw John McCafferty chase an youth through the store, gesturing and challenging him to a fight.

The yob admitted the charge, as well as brandishing a piece of wood as an offensive weapon in the store’s car park and blocking the exit to the store to prevent his would-be victim from leaving.

The court was told that customers were fearful as the teen blocked the exit as they attempted to leave after the panic alarm had been sounded due to the incident.

The accused was also alleged to have attacked his intended victim with the piece of wood by striking him on the head. However, his not guilty plea to that charge was accepted by the Crown.

His brother and co-accused Aaron McCafferty pleaded guilty to breaking a double-glazed window unit at the store by throwing a brick.

Sheriff Marie Smart locked the pair up for their “outrageous” offences, stating: “Such is the fear you engendered in the public, the panic alarm was set off.

“Frankly, this behaviour cannot be condoned and custody is the only sentence available in this matter.”

However, the youths’ family feel that the sentences were overly harsh.

John McCafferty’s solicitor Paolo Martone said that he and Elspeth Forrest, Aaron’s lawyer, had hope for the appeals.

Both believe that community service or electronic tagging would have been more suitable.

He said: “The appeal has been lodged and I believe that there is a good prospect it will be accepted.

“They are currently both at liberty until the High Court assesses the merits of the appeal.

“After that, the sentence will either be upheld or set aside for a community-based alternative.

“I am hopeful of John’s appeal due to his own particular set of personal circumstances, given that he was in full-time education and that he has shown considerable remorse for his actions.”