| Robert Heath (58) and his wife Valerie (60) spoke to the Tele today after being told this weekend that Mr Heath’s second attacker was given only one year, one month and 15 days for his part in the brutal attack.
Stephen James Ferguson (36), Red Admiral Court, who had previously admitted assaulting Mr Heath in Aberlady Crescent on March 27 and robbing him of £150, while on bail, was jailed by Sheriff Davidson on Friday.
Last month, his co-accused, Stephen Joseph Barker (28), of the same address, was sentenced to nine months in prison, backdated to March 28, on the same charge, although Barker was not on bail at the time of the offence.
During the trial, the Crown Office came under criticism by Sheriff Richard Davidson, as well as the victim, for not dealing appropriately with proceedings.
Mrs Heath said today, “We were so unhappy to hear this sentence.
“We’re just angry that justice has not been done. The trauma and the stress that my husband and I have had to go through will last longer than the sentences given to his attackers.
“The effects of this attack are ongoing and we feel really let down.
“Justice has not been done and we feel like the system is all wrong.”
Sheriff Davidson severely criticised the Crown Office for not bringing the case on indictment, which has the potential for much longer sentences, rather than on a less serious summary complaint.
He noted that Barker had seven previous convictions for offences of dishonesty, while Ferguson had 10, and said he was, “at a loss to understand” why the accused did not appear before him on indictment.
On Friday, Sheriff Davidson said, “This is the second of two cases in respect of which I feel it is my public duty to express concern over the manner the Crown have proceeded — by way of summary procedure.
“Again they have interfered with my powers of sentencing and, in this case, which if on indictment would attract a three-year prison sentence, the maximum available to me today is merely 18 months.”
Mrs Heath said she agreed with the sheriff’s comments and that she and her husband felt “cheated” by the Crown’s handling of the case. She added, “The sheriff was right and they should never have been brought to trial without an indictment. They should have both got longer sentences.
“The whole incident has been so stressful for us and my husband’s health has suffered as a result of this. He’s much quieter than usual and we’ve had to speak to the doctor a couple of times. Every time I think about what happened, I just break down in tears.
“It just worries me that people with previous convictions are given such lenient sentences. Often, as soon as they are let back out, they hurt more innocent people.” |
