Apr 20 2005

UK:  AN 11-YEAR-OLD boy was attacked outside a youth cafe by a man aged 36 - for smoking.

The boy was grabbed around the neck by John Craig after he spotted him outside the Kincaidston Youth Cafe in Ayr.

The boy, now a Belmont Academy pupil, didn't know Craig at the time and was left scared and shaken by the incident.

Ayr Sheriff Court heard how Craig, of Sorrell Drive, Ayr, knew the victim's mother and wanted to warn him about smoking.

But he went too far and grabbed the boy's neck so hard he was left with red marks until later that night.

Craig, who was convicted of indecent assault at the same court last week, claimed he only wagged his finger in the youngster's face.

But Sheriff Donald MacLeod simply did not believe Craig and chose to believe the boy and his pal who witnessed the assault.

The court was told how a large group of teenagers from the cafe went straight to the boy's mother's door to tell her what had happened.

Finding Craig guilty of the assault, Sheriff MacLeod said: "I can't believe that all these children would have gone to the mother's door if you had just pointed at him."

The boy told depute fiscal Marcus Green he was only holding the cigarette for a another friend when Craig spotted him.

But when cross examined by Craig's solicitor Peter Lockhart, the youngster, now aged 12, broke down crying and admitted he was smoking.

He told the court: "The man came up to me and grabbed my neck and said something about me smoking and took the cigarette from me and put it out."

The boy then claimed that Craig went into the shop but yelled at him when he came back out:"I'll take you around the corner and give you more of the same."

The boy then denied Mr Lockhart's suggestion that Craig merely pointed his finger in his face.

The youngster's school pal told the court how he came out of the popular cafe to see Craig with his hands around his pal's neck.

Youth worker Ashleigh Martin, who worked at the cafe, said she could only see Craig with his hands near the boy's neck.

She added: "All I could hear the man say was 'that won't be the last time' to the boy. The youngster was very upset afterwards."

The boy's mother told the court how her son arrived home about an hour after the incident with red marks around his neck.

Both Craig and his partner Heather McKellar told the court how they spotted the 11-year-old smoking while they bought cigarettes themselves at the nearby Spar.

And both claimed the boy was only told off about his smoking and that no physical contact took place.

Craig said: "I knew his mother from school and saw the size of him and didn't think he should be smoking."

Craig was found guilty of the assault last July but was cleared of threatening the boy with further violence moments after the attack.

Fining him £500, Sheriff MacLeod said: "I believe what the boys told me here today. There is a lack of sufficient corroboration for the threat of violence charge.

"I would advise you Mr Craig to mind your own business in future."
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