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John Auld killing: Men jailed over death of East Lothian takeaway driver | John Auld killing: Men jailed over death of East Lothian takeaway driver |
(about 3 hours later) | |
Two men who killed an East Lothian delivery driver after a row over wet paint have been jailed. | Two men who killed an East Lothian delivery driver after a row over wet paint have been jailed. |
Steven Archibald, 37, and Michael Sutherland, 31, admitted the culpable homicide of John Auld in Tranent. | Steven Archibald, 37, and Michael Sutherland, 31, admitted the culpable homicide of John Auld in Tranent. |
He had come to the aid of takeaway owner Brahim Hamouda, who was attacked by the pair after they got paint on their clothes in his takeaway. | He had come to the aid of takeaway owner Brahim Hamouda, who was attacked by the pair after they got paint on their clothes in his takeaway. |
Mr Auld, 59, who had a heart condition, collapsed and died at the scene after being punched and kicked by the duo. | Mr Auld, 59, who had a heart condition, collapsed and died at the scene after being punched and kicked by the duo. |
At the High Court in Edinburgh, Archibald, from Musselburgh, was jailed for five years and three months and Sutherland, from Wallyford, was jailed for six years. | At the High Court in Edinburgh, Archibald, from Musselburgh, was jailed for five years and three months and Sutherland, from Wallyford, was jailed for six years. |
The court heard that Sutherland had been angry at getting paint stains on his jacket on 4 March last year, despite warnings that the premises had been newly painted. | The court heard that Sutherland had been angry at getting paint stains on his jacket on 4 March last year, despite warnings that the premises had been newly painted. |
He climbed over the counter and attacked Brahim Hamouda at Kopas Takeaway, punching and kicking him. | He climbed over the counter and attacked Brahim Hamouda at Kopas Takeaway, punching and kicking him. |
Mr Hamouda, 52, ran from the premises but Mr Auld, who had been outside, went to his aid. | Mr Hamouda, 52, ran from the premises but Mr Auld, who had been outside, went to his aid. |
Archibald and Sutherland turned on the former soldier, punching him and pinning him against walls before kicking him to the head and body and striking his head against a window. | Archibald and Sutherland turned on the former soldier, punching him and pinning him against walls before kicking him to the head and body and striking his head against a window. |
Passing sentence, judge Lord Uist told them: "This was a completely unjustified and wholly deplorable episode of violence which resulted in an innocent man losing his life." | Passing sentence, judge Lord Uist told them: "This was a completely unjustified and wholly deplorable episode of violence which resulted in an innocent man losing his life." |
The judge said: "I accept you did not intend to kill him and that his death was not directly brought about by any of the injuries which you inflicted on him, but by a heart attack caused by the physiological stress of the incident." | The judge said: "I accept you did not intend to kill him and that his death was not directly brought about by any of the injuries which you inflicted on him, but by a heart attack caused by the physiological stress of the incident." |
But he said "considerable violence" had been used against the victim and added: "When you engage in violence of this sort you never know what the consequences will be." | But he said "considerable violence" had been used against the victim and added: "When you engage in violence of this sort you never know what the consequences will be." |
'Punching and kicking' | 'Punching and kicking' |
Advocate depute Richard Goddard earlier told the court that it appeared from witness statements both men struck Mr Auld, from Ormiston, in East Lothian at least 10 times. | Advocate depute Richard Goddard earlier told the court that it appeared from witness statements both men struck Mr Auld, from Ormiston, in East Lothian at least 10 times. |
Archibald and Sutherland were originally charged with murdering Mr Auld following the assault but the Crown earlier accepted their guilty pleas to the charge of culpable homicide. | Archibald and Sutherland were originally charged with murdering Mr Auld following the assault but the Crown earlier accepted their guilty pleas to the charge of culpable homicide. |
Both admitted killing him by repeatedly punching and kicking him, pushing him against a window and striking his head against it. | Both admitted killing him by repeatedly punching and kicking him, pushing him against a window and striking his head against it. |
Sutherland also admitted assaulting Mr Hamouda at the takeaway by punching and kicking him on the head and body. | Sutherland also admitted assaulting Mr Hamouda at the takeaway by punching and kicking him on the head and body. |
Fatal injuries | |
Defence counsel, Derek Ogg, for Archibald, said the offence was "wholly out of character" and he was shocked at his behaviour and its consequences. | |
Donald Findlay QC, for Sutherland, said his client's expressions of regret were "undoubtedly genuine". | |
Det Insp Gary Boyd, of Lothian and Borders Police, said: "Michael Sutherland and Steven Archibald became involved in a heated disturbance with a takeaway owner over a minor issue and immediately began to use violence. | |
"When Mr Auld came to the man's aid, the pair turned their attack on him to such an extent that the injuries he sustained proved fatal. | |
"Both have shown themselves to be cold and callous individuals who were only too happy to resort to violence, which on this occasion had tragic consequences. | |
"Their guilty pleas for culpable homicide reflect the overwhelming evidence against them for this attack and it is my sincere hope that Mr Auld's family can now draw a line under this horrific ordeal." |
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