Thug attacked OAP in Tesco Linwood for going to the disabled toilet

Ross Cowie was on his way home on November 25, last year, from Livingston Sheriff Court where he admitted to driving offences, when he stopped at Tesco in Linwood’s Bridge Street. 

Cowie, of Lintwhite Court in Bridge of Weir, saw 77-year-old John Fagan approach the disabled toilets and challenged him. 

Then without “cause or reason” the 40-year-old attacked the pensioner by pushing him to the floor, attempting to kick him and placing his arm around his neck, applying pressure.

The procurator fiscal depute told Paisley Sheriff Court: “Around 2.10pm on November 25, Mr Fagan attended at the Tesco cafe toilets. 

“The accused approached and noted Mr Fagan to be going into the disabled toilet and he challenged him on this. 

“The accused then without cause or reason pushed Mr Fagan in the direction of the women’s toilets, causing both men to fall over. 

“Cowie got to his feet and then attempted to kick Mr Fagan, who was on the floor, however, he took hold of the accused’s leg and he began shouting for help. 

“The accused fell onto the floor and placed his arm around Mr Fagan’s neck, applying pressure. 

“Mr Fagan managed to get the accused off his neck and got himself onto his feet, and he received minor first aid. 

“The accused was traced and while under caution he stated, ‘aye, he was a big strong guy for an old man. He went to the disabled toilet, and I challenged him. I went for him, and we had a rumble. I think I punched him and we went to the floor, I’m just out of court today, I’m losing my driver's licence.’

“The accused was taken to Greenock police station and processed in the usual manner.”

Defence agent Mr Ferguson told the court his client was on his way home from Livingston Sheriff Court after admitting to “being drunk while in charge of a vehicle” and was feeling “stressed".

Sheriff Eoin McGinty slammed Cowie, stating, “lots of people experience stress but this was an unprovoked attack on a 77-year-old man.

“It’s a very, very troubling offence.”

Mr Ferguson added: “It’s my client’s position the complainer was entering the baby changing room and he took issue with that.

“Mr Cowie was experiencing an incredible amount of stress in his personal life at this time and had turned to the use of alcohol. 

“He had been in court earlier that day and was on his way home when he succumbed to that stress. 

“This matter has concluded with him receiving 10 penalty points and a £250 fine.

“He is incredibly ashamed and remorseful. 

“The report states he won’t consent to a restriction of liberty order as he cares for his father, but he understands he can provide more care to his dad while on a tag rather than no care if he were to be given a custodial disposal.”

Sheriff Eoin McGinty stated: “You’ve heard everything I’ve had to say. 

“I’m concerned about your actions on a 77-year-old man, where you pushed him, attempted to kick him and placed your arm around his neck.

“This offence clearly passes the custody threshold.

“I’m persuaded there is a different way to deal with this.” 

Sheriff McGinty ordered Cowie to wear a tag for six months, keeping him within his home between 7pm and 7am each day.

In addition, he was made subject to supervision of the social work department for 12 months and ordered to pay £1000 in compensation to his victim at the rate of £100 per month.