A CONVICTED killer who burst a man’s cheek open with a single punch has been jailed for six months.
Ex-soldier Stuart Fry claimed he was provoked when he attacked Glen Paton outside a pub, leaving him bleeding profusely from a 6cm face wound.
Livingston Sheriff Court heard Mr Paton had approached Fry after he went into the pub to watch a football match.
He told the accused, who was out on licence from a life sentence for murder: “You shouldn’t be in here. I know what you’ve done . . . get out!”
He later admitted to police he had called Fry “a murdering bastard”, took his pint away then followed him up the road.
Fry was jailed in March 2002 for strangling a woman after they had sex and hiding her body in woods.
The ex-Royal Scots private admitted killing mother-of-one Jean Moore, 36, after an argument about his refusal to walk her home.
A week after the murder Fry, 34, of Don Drive, Craigshill, Livingston, handed himself in and took police to her shallow grave in the West Lothian town.
On Monday he pleaded guilty on indictment to assaulting Mr Paton to his injury in Uphall Station Road, Pumpherston, West Lothian, on May 24 this year.
Aidan Higgins, prosecuting, said Mr Paton suffered a “burst cheek” with a tear in the upper edge of the wound causing a flap of skin. He was taken to nearby St John’s Hospital where stitches were inserted in the wound.
He added: “It’s accepted that there was significant provocation in the situation.”
Becky Osborne, defending, said her client had “a deep sense of regret” over the assault.
She said: “He didn’t set out to cause anyone any harm. In the pub he could sense from the outset that he wasn’t welcome and made to leave immediately not seeking any trouble.
“This was a single punch and it’s Mr Fry’s position that he left immediately and that in fact the complainer was still shouting at him looking to engage further.”
Sentencing Fry to six months in prison, Sheriff Susan Craig told him: “I accept that this was a circumstance where you were provoked into acting in the way you did and the consequence for your victim was a 6cm bleeding wound.
“It may be that was worse than it might have been because of the part of his body where you hit him.”
She said the sentence would be backdated to May 26, when he was first remanded for the assault.