AN ALEXANDRIA man who assaulted another man with a metal pole has had his sentence deferred again – as the Crown and defence lawyers couldn’t agree on what sparked the incident.

Brian Stewart had previously pleaded guilty to injuring his victim by striking him on the head and body with a metal pole, seizing him by the body, struggling with him and pushing him into a hedge on Northfield Road on February 28, this year.

He also pleaded guilty to a further charge of being in possession of an offensive weapon.

However, depute fiscal Martina McGuigan claimed the reason Stewart’s stand-in solicitor had given for the attack was not accepted by the Crown and said Stewart’s principal solicitor, Jonathan Paul, had already agreed to those terms.

At a previous hearing Ms McGuigan told the court: “It was 5.20pm. The [victim] was walking his dog in the area.

“He became involved in an altercation with a group of youths. He spoke to the children about their use of inappropriate language. At that point, some of the children advised they would be telling their fathers that he had told them off.”

She said the victim then left the area but a short time later Stewart pulled up in a white van and confronted and assaulted him.

Ms McGuigan continued: “[The victim] attempted to speak to him but he was behaving aggressively. He returned to the motor vehicle, opened the side door and took out a metal pole.

“At that point he then assaulted [the victim] with the pole, hitting him on the chest area and then on the head resulting in a laceration to his left ear.

“The accused and [the victim] took hold of each other. There was a short struggle and shortly thereafter the accused pushes [the victim] into a hedge area.”

Stewart, 40, then made off and neighbours rushed to the victim’s aid who had been left bleeding from his ear and was “visibly shaken”.

However, Stewart’s position of the events leading up to the assault was entirely different.

His stand-in solicitor told the court: “His daughter returned to his home address in tears and explained that his son had been assaulted by [the victim].

“He reacted to this information and he reacted in a way that he shouldn’t have done. He initially intended to confront the complainer, however, [the victim] was swinging a chain at him which led to him going to his work van and retrieving a pole.”

Ms McGuigan said she was “very annoyed” the issue had arisen and insisted Mr Paul had accepted the Crown’s position on the narrative.

The confusion led Sheriff William Gallacher to defer the Cables Drive resident’s sentence for a third time to allow for a proof in mitigation hearing – where he expected Mr Paul to be available to help settle the dispute – on September 8.

However, he told Stewart: “This situation shouldn’t have arisen. I need to know what the situation was in relation to the matter.

“I, with hesitation, will allow your bail order to continue, but my plain advice is you should put your affairs in order in the case you may not obtain your liberty for much longer.”