Moray quartet jailed for combined 142 months after "vicious and unprovoked" assaults in Keith pubs that left five people injured
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TWO men and two women from Moray who carried out "vicious, prolonged and unprovoked" assaults on staff and customers in two Keith pubs have been jailed for a total of 142 months.
Anthony McPhee (36), Lee McPhee (19), Kirstie Kelly (also known as Balcezak, 34) and Debbie Baillie (22) appeared for sentencing at Inverness Sheriff Court before Sheriff Sara Matheson.
Sheriff Matheson was shocked by the level of violence recorded on CCTV in the premises, which was played in court when the quartet first appeared last month to plead to various charges of violence.
Solicitors for three of them – both McPhees and Kelly, from Keith – said their clients were "appalled" by what they saw.
Solicitor advocate Shahid Latif for Baillie, from Forres, said: "She feels sick about what she got involved in that day."
The court heard that there were five different victims, including two women, in Keith's Crown Inn and Commercial Hotel after the brutal attacks on February 16, 2022.
Violent footage was shown of a barmaid being pulled across the floor by her hair, another being pulled from behind her bar, a customer being glassed, another struck over the head by an electric heater and and a fifth suffering repeated punches and kicks which included stamping.
Anthony McPhee (36) was jailed for 54 months. His agent, Gerry Sweeney said: "He is deeply ashamed and appalled at his behaviour. He has never seen himself drunk before. Thank God things did not turn out worse than they did."
Lee McPhee (19) was sent to detention for 43 months. His representative, Pat Campbell, said: "He is similarly appalled on seeing the video. He has taken the decision to stay out of trouble when he is released."
For Kelly (34), who was jailed for 32 months, Paul Ralph said: "She found it unpalatable to see what she had done."
Baillie (22) was jailed for 13 months. Mr Latif said: "She expresses regret and shame and apologises. She was not the main actor."
Anthony McPhee's sentence was backdated to February 17 last year while the other three had theirs backdated to March 1. Sheriff Matheson recognised Baillie's involvement was "the most minimal".
"But this was an unprovoked assault on a lone bar worker – three against one. Bar workers are entitled to the protection of the courts."
The Sheriff noted that Kelly "struck the first blow and you went on to carry out a vicious assault, removing clumps of the barmaid's hair, leaving her physically and psychologically injured".
Of Anthony McPhee, she said: "I have given serious consideration to remitting you to the High Court for sentence."
The maximum sentence a Sheriff can impose is five years, whereas the High Court has the option of up to life.
She added: "But I have decided that I can deal with it here. Your behaviour was unprovoked, prolonged and vicious, leaving two people seriously injured."
The judge then told Lee McPhee: "There was a considerable level of violence here involving four complainers. If you were over the age of 25, I would have imposed a sentence of 58 months."
Fiscal depute Pauline Gair told the court that the attacks began soon after the group entered the Crown Inn in Reidhaven Square.
She said that after walking into the pub 36-year-old Anthony McPhee began to talk with a man who was sitting at the bar. Mrs Gair said the conversation was “friendly at first, but then became increasingly hostile”.
Soon after this simultaneous attacks were launched on the 48-year-old customer and a female member of staff who was working behind the bar.
34-year-old Kelly seized the barmaid, aged 54, by the hair, pulling her out from behind the bar before repeatedly punching and kicking her on the head and body.
“The woman sustained bruising to her neck behind her ear, her head was tender to the touch and she had a sore back and legs,” Mrs Gair said.
While this was happening Anthony McPhee punched the male customer in the head, knocking him to the ground. The man got up but went down again after repeated punches to the head and body.
“He held his head in his hands, at which point Anthony McPhee kicked him to the head,” the fiscal depute said.
When the man got up again, Lee McPhee joined the attack, glassing him over the head before punching him.
But Anthony McPhee then continued to attack the man, punching him to the floor, before teenager Lee McPhee kicked him in the head.
The man was left with a fractured left eye socket and fractures to his cheekbone. He also suffered a burst blood vessel in his left eye and a two-centimetre cut below his eye that needed glueing, as well as bruising to his head and body.
After the attack the four left The Crown Inn and headed to the nearby Commercial Hotel on Mid Street. When they arrived, just after 6pm, a man was having a drink at the bar and a woman was serving.
As soon as the group arrived, McPhee “without apparent cause” began acting aggressively to the other customer. They were asked to leave by the barmaid but did not.
The McPhees punched the seated man twice in the head. They then attacked another man by punching, kicking and headbutting him, before stamping on his head and body.
Lee McPhee ended the attack by hitting the victim over the head several times with an electric heater.
During the attack, the 27-year-old barmaid had attempted to call police on her phone, but this was noticed by Kelly, who shouted at her to stop.
Kelly and 22-year-old Baillie then pulled the woman from behind the bar to the ground and repeatedly kicked her on the head and body. Lee McPhee also joined in the attack, Mrs Gair said.
The woman was left with two bald patches, swelling to her head and bruising to her temple and forearm.
Anthony McPhee, a prisoner at HMP Inverness, admitted assault, assault to severe injury and assault to severe injury and danger of life.
Lee McPhee, of Regent Street, Keith, admitted charges of assault, assault to injury, assault to severe injury and assault to severe injury and danger of life.
Kelly, of Blackmuir Cottages, Keith, pled guilty to two charges of assault to injury.
Baillie of Glenelg Road, Forres, admitted a single charge of assault to injury.
