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Daily Record
Daily Record
National
Rory Cassidy

Scots sailor battered innocent man in case of mistaken identity on sports team night out

A serviceman attacked an innocent man in a case of mistaken identity after a row broke out in a pub during a team night out.

Nicky Embleton, who was recently discharged from the Royal Navy, assaulted Kyle Alderson while out drinking with friends.

The former sailor punched his victim so hard he hit his head off the ground and was left covered in bruises and had a chipped tooth.

Nicky Embleton admitted his guilt over the attack on Kyle Alderson. (Daily Record.)

Embleton, 28, yesterday admitted his guilt over last month's attack, which took place outside the First Edition pub in Bank Street, Kilmarnock.

Kilmarnock Sheriff Court heard Embleton, who was given a compassionate discharge because his father is terminally ill, was on an ice hockey team night out at the time.

Prosecutor Angie Bennett told the court the attack took place at about 11pm on November 20 this year.

She explained: "The witness Kyle Alderson was within the First Edition public house in Kilmarnock. The accused was also within.

The case was heard at Kilmarnock Sheriff Court. (Google)

"There was some form of altercation involving the accused and an unknown male, which resulted in the accused being removed from the premises.

"When the witness Alderson exited the pub, there had been no conversation between the witness Alderson and the accused.

"The accused punched the witness Alderson to the face. It was completely unprovoked.

"He fell to the ground and hit his head as a result. The accused made off."

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Police officers on patrol in Kilmarnock town centre attended the scene and an ambulance was called for Alderson.

A mutual friend called Embleton, of Kilmarnock, to tell him about the police and ambulance and he returned to the scene.

He was detained and taken to Kilmarnock police station but was too drunk to be cautioned and charged.

Defence solicitor Peter Murray said: "He served in the Royal Navy as an engineer but was granted compassionate discharge as his father is terminally ill.

"This appears to be completely out of character. He plays with a local ice hockey team. This was a night out with the team.

"He accepts he had too much to drink. He struck out once, causing him to fall.

"To his credit he returned to the scene and cooperated fully with police."

After hearing that Embleton had obtained a job as a maintenance engineer, earning £42,000 per year, Sheriff Alastair Watson imposed a financial penalty.

As he ordered him to pay Alderson £600 in compensation within 14 days, he said: "You've taken responsibility and pleaded guilty at an early stage.

"You took responsibility on the night and came back to the scene, but this was an appalling piece of behaviour on the night, to an innocent man, giving him bruises to his head and face and giving him a chipped tooth."

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