Attacker sentenced for five-man HMP Kilmarnock assault

The final two members of the group to be sentenced appeared at Kilmarnock Sheriff Court on Monday, January 13 to learn their fate.

Andrew Burns and Dale Lockhart appeared together in the dock after both had previously pleaded guilty to a charge of assault.

The violent incident took place on February 26, 2022, when 37-year-old Burns and Lockhart, aged 29, were inmates at the prison.

Procurator fiscal depute Fraser Alexander told Kilmarnock Sheriff Court that, at around 5.18pm, another prisoner had been leaning over the first floor balcony outside his cell within the jail’s F-wing.

The male was surrounded by a group of five other inmates which included both Burns – of Pollock Crescent in Kilwinning – and Lockhart, who now resides on George Street in Paisley.

The man then moved to head back into his cell when the group “attacked him without warning”.

Mr Alexander added: “He was repeatedly punched on the head and he was taken hold of and they repeatedly punched and kicked him on the head and body.”

The court was told that, after seeing the altercation, prison officers then made their way towards the group.

The prosecutor stated that Lockhart walked away at this point, however, the remaining four members of the group continued to punch, kick and stamp on the head of the man who had fallen to the ground.

When officially cautioned and charged, Lockhart told police: “I only punched him once.”

Prison staff defused the situation shortly afterwards before the inmate who had been attacked was checked over by medical staff.

He was found to have sustained a black eye and a graze as well as both bruising and grazing on his back and side.

At the first hearing of the case in November, solicitors Brian Holliman, for Burns, and Eliott Gemmell, for Lockhart, asked that background reports be prepared before sentencing.

In mitigation at the sentencing hearing, Burns’ solicitor Sandy Currie said: “It has been almost three years since the offence, and since his release he has not offended at all.

“He is not seeking to minimise the offence, he knows that behaviour cannot be tolerated.

“The complainer had been spoken to by prison staff and inmates about his bullying attitude towards younger prisoners.

“Words were spoken and the matter spilled over into the scenes shown.”

Lockhart’s solicitor added: “He walked away prior to any stamping, although there is no doubt this is a serious matter.”

Sentencing, Sheriff Nicola Patrick said: “I have to take into account the circumstances as they are now.

“Three years ago this would have met the threshold for custody. For Lockhart, I am looking to defer sentence to allow him to complete an outstanding order.

“There is no question that this would ordinarily have attracted a significant custodial sentence.”

Burns was handed 18 months of supervision and 150 hours of unpaid work, to be completed within six months.

Lockhart had his sentence deferred to allow him to complete a separate drug treatment and testing order.

Three other men who played a role in the attack, Mark Davidson, Liam Clark and Conan Baliga, had previously been sentenced.

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