Motherwell teen convicted of attacking pet dog

Apr 15 2010 by Chris Clements, Hamilton Advertiser

A THUG from North Motherwell has been jailed for assaulting a man with a brick.

And the jury also found 20-year-old Kevin Daley guilty of striking his victim’s pet dog with a piece of wood during the altercation.

Daley, from Chesters Crescent, had denied assaulting convicted drug dealer Graham Dunsmore by throwing and striking him with a brick to his injury.

The incident happened at the victim’s home in Cumbrae Drive, North Motherwell, on November 12 last year.

Daley was also found guilty of the attack on Dunsmore’s dog and of causing the animal unneccessary suffering.

At last month’s trial held at Hamilton Sheriff Court, Daley was convicted of three further charges.

He was found guilty of committing a breach of the peace at Dunsmore’s home on the same date by brandishing a piece of wood.

In addition, Daley was convicted of breaching bail conditions, set on November 13, by approaching Dunsmore and his partner Lynn Higgins on the following day, November 14.

The accused also committed a further breach of the peace at the same address on November 14, by uttering threats of violence towards Dunsmore.

A co-accused – 23-year-old Charles Currie, of Mearns Road, Motherwell – was found guilty of committing a breach of the peace on November 14.

However, charges that the pair had been carrying swords on that date were found not proven by the jury.

The Crown accepted the not guilty pleas of two further accused in relation to the matter.

They were 31-year-old Michelle McGeough, of Motherwell, and Currie’s brother Matthew, (20).

During the trial, Jim O’Dowd, defence solicitor for Charles Currie, raised questions about the validity of evidence given by Dunsmore, highlighting the witness’ criminal past.

Daley’s agent, Diarmid Bruce, also raised concerns about the trial.

Under the instruction of his client, the defence solicitor made a motion for the trial to be deserted, alleging that Sheriff Shiona Waldron had made disdainful facial expressions and rolled her eyes while Daley gave evidence.

Mr Bruce felt that her alleged actions may have prejudiced the jury.

However, Sheriff Waldron refused the motion.

Kevin Daley has a list of previous convictions including road offences, breach of the peace, theft, assault to injury and robbery, assault with intent to rob and assault to injury.

At the time of the November offences, his sentence for a previous assault to injury had yet to expire, as he had been released from detention early.

Currie has previous convictions for road offences.

At Hamilton Sheriff Court last week, Sheriff Shiona Waldron sentenced Daley to eight months’ detention.

She also sentenced him to a further 115 days’ detention as the offences were committed before the expiry of a previous sentence.

Sheriff Waldron ruled that Charles Currie be electronically tagged for two months, and remain in his home between the hours of 7pm and 7am, seven days a week.