Glasgow & West Scotland

Alan and Darren Payne jailed for George Rutherford attack

A father and son have been jailed over a brutal assault which left their victim with life-threatening injuries.

Alan Payne, 39, and Darren Payne, 18, admitted attacking George Rutherford, 28, in Irvine town centre last August.

The assault, captured on CCTV, happened after a row which flared when Payne Snr mistook the victim for a friend who had not turned up for a night out.

Payne Snr was jailed for five years and four months. His son was given three years and four months detention.

At a previous hearing at the High Court in Glasgow, both men admitted assaulting Mr Rutherford to the danger of his life.

'Words exchanged'

The court heard that the attack happened in the Bridgegate area of Irvine on 25 August last year.

Mr Rutherford was in a telephone box when Alan Payne hit it with a rolled-up newspaper before walking on with his son.

Prosecutor Jane Farquharson said Mr Rutherford came out and "words were exchanged" between the men.

She added Darren Payne initially appeared "apologetic" and pulled his father away.

But decorator Alan Payne followed Mr Rutherford aiming blows at him before the 28-year-old retaliated and punched him to the ground.

Ms Farquharson said this caused Darren Payne to "react immediately" to his father being hit.

Mr Rutherford was punched and kicked rendering him unconscious before Alan Payne joined the attack.

The defenceless victim was also stamped upon and kicked as he lay on the ground.

The pair fled before the emergency services were called.

Mr Rutherford was badly injured and required urgent surgery for life threatening injuries.

The Paynes, both from Saltcoats, North Ayrshire, were arrested near to the incident after the attack was recorded on CCTV.

Jailing both men at the High Court in Edinburgh, judge Lord Bannatyne told Alan Payne: "I watched the video of what you did.

"You were the principal person involved in what, in my view, can properly be said to be a brutal, horrific, merciless and cowardly attack on another man."

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