A Glasgow Warrior rugby player dressed as Batman was yesterday fined a total of £750 after assaulting another rugby player on a Halloween night out.

 

Ryan Wilson, 25, pulled Gavin Quinn from a seat in Barbeque Kings takeaway then punched Glasgow Hawk Ally Maclay, dressed as Tweedledee.

A minion, a red crayon and others in fancy dress were nearby as the incident unfolded.

Mr Maclay, 30, said "leave it Batman" after  learning Wilson had grabbed his friend by his jumper and pulled him from a seat onto the floor in the kebab shop.

The rugby player and former Hawks captain was hit and ended up on the floor with Wilson and Mr Quinn and several others surrounding them.

Ryan Grant, 29, a Warrior and British Lion was accused with Wilson and fellow Warrior Rory Hughes, 21, of kicking and stamping on Mr Maclay to his severe injury on October 27, 2013 at the Great Western Road shop.

After falling to the ground the PE teacher was left dazed, with a fractured eye socket and a bloodied face.

Following a trial at Glasgow Sheriff Court the jury found Wilson guilty of punching Mr Maclay only, but not kicking and stamping on him, and found the charge against the other two not proven.

Sheriff Martin Jones QC was invited to impose an absolute discharge on Wilson, meaning he would have no criminal record, but told him: "I do not consider that it would be appropriate for me to impose an absolute discharge in your case."

Fining Wilson £250 for assault on Mr Quinn and £500 for the assault on Mr Maclay, the sheriff told the rugby player that both assaults "appeared to be unprovoked" and within a short time of one another, and after drinking alcohol.

He added: "There's nothing unusual about that situation."

During the trial, dad-of-two Wilson admitted assaulting Gavin Quinn, by pulling him onto the floor.

The court heard Wilson wanted to sit in the booth beside Quinn so he could speak to his rugby colleague, Richie Vernon - dressed as a shark - but he was told to go away.

Wilson put his foot on the table in a bid to climb over into the seat, but Quinn pushed it away.

He then grabbed hold of Quinn and pulled him from the seat on to the floor and there was a bit of a struggle between the men which "fizzled off".

Mr Maclay then came in to the food joint and was told by his friend what had happened to him.

When Mr Quinn spoke again with Wilson, Mr Maclay said "Leave it Batman" before he was punched by Wilson and fell to the ground.

He grabbed Mr Quinn as he stumbled back and Wilson landed on the floor with them.

Mr Maclay told the court how he was repeatedly struck and went into the fetal position in an attempt to protect his face.

The rugby star - who was captain of the Hawks at the time of the alleged assault - told the jury how he was attacked while on the floor.

Mr Maclay said he was hit on the face and body with "numerous blows" and went into the fetal position and covered his face to protect himself.

He added: "There was one blow in particular that caught me right in the eye, not sure whether it was a kick or a punch or what it was.

"It was most noticeable and quite a sobering moment, it was almost like someone put a tennis ball in my eye socked and pushed it right back."

The victim said that was when he knew "that wasn't quite right".

Witnesses spoke of the fracas in the corner ending quite quickly although nobody saw any direct contact with Mr Maclay.

Euan Fraser, a Hawks fan, said he pulled Grant - who was dressed as Bain, from Batman - away from the crowd.

Mr Fraser alleged Hughes later told him "Shut the f*** up or I will stab you" when he branded Hughes and Grant "a disgrace" for what had happened, believing Grant was involved.

In a police interview Wilson told the court Mr Maclay laid hands on him first.

He said: "The guy with the yellow vest I believe has come in and grabbed a hold of me. You know, I felt threatened, I didn't know whether he was splitting it up or grabbing hold of me obviously I have reacted and grabbed hold of him.

"A little bit of pushing and shoving has gone on like I said, which turned into us falling to the floor."

The jury heard Wilson say that he pulled Quinn from his seat and when asked why, he said "Because he pushed me."

It was put to him that on that day he punched Mr Maclay in the face, knocking backwards but Wilson said that he did not remember punching him.

Grant's position - through his lawyer Darryl Lovie - was that he was moving people away from Mr Maclay as he lay on the floor in the corner of the restaurant.

Defence laywer Neil McCulloch, for Hughes, also suggested to witnesses that his client got involved to help the situation, not attack Mr Maclay.

Colm Dempsey, representing Wilson, handed the sheriff a number of testimonials on his client's behalf.

He said he has been been capped for his country on nine occasions and has played in 88 games and until this incident his disciplinary record was clean. Mr Dempsey said: "Mr Wilson plays a part in the club's community work which involves coaching sessions at local schools and visits to Yorkhill Children's Hospital."

The lawyer said Wilson believes he has "let himself, his club and his country down".