Jailed after chemist shop row led to street fight


An argument in a chemist shop resulted in a man being assaulted, punched and kicked in the head in broad daylight in a Dunfermline street.

Michael Gardiner had been in the pharmacy for his methadone prescription and the way he was speaking to a female member of staff upset another customer.

He told Gardiner to be more polite to the shop worker which led to a street fight shortly afterwards.

Gardiner (34), of Kent Street, Dunfermline, is currently serving a sentence for another offence.

He appeared from custody at Dunfermline Sheriff Court and admitted that on 29th September at Walmer Drive, he assaulted a man by punching him on the head and body to his injury.

Depute fiscal Alex Piper said the incident began in a chemist’s shop in East Port at around 2pm.

“The accused was in the shop speaker to a worker there. The complainer overheard him speaking to her and thought he was being rude. He asked him to be more polite to her.

“The accused told him, ‘I’ll wait for you outside’. He was served, left the shop and then the complainer left as well shortly afterwards.”

Another witness saw Gardiner walking with the other man in the street before punching him, causing him to fall to the ground.

“He was then seen kicking him on the head whilst the complainer was on the ground,” said the depute.

The witness went into the chemist shop to tell staff what was happening in the street and the police were called.

When officers traced Gardiner at his home later that day he had a bloodied lip.

When questioned about the incident, he answered, “Self defence.”

Defence solicitor Alexander Flett said, “The complainer went to speak to Mr Gardiner outside the shop having taken umbrage about something.
“There was an exchange of blows and Mr Gardiner was knocked off his feet after being struck.”

Sheriff Charles MacNair pointed out that the guilty plea had not been mentioned acting under provocation.

He noted that Gardiner had three previous convictions for violence on indictment including one from the High Court.

The sheriff told Gardiner, “You have an appalling record. This was not a provoked assault and it included you kicking the complainer on the head when he was on the ground. That is a particularly serious form of assault.”

He jailed Gardiner for seven months which will begin when his current sentence ends in December.

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