Man leaves delivery driver scarred in row over wrongly-delivered kebab

Kenneth McDowall hit Abas Shaban on the head and chest with a 'police stick' during the argument.

Glasgow man leaves delivery driver scarred in row over kebab delivered to wrong Scotstoun house PA Media

A man scarred a delivery driver amid a row over a kebab.

Kenneth McDowall, 32, struck Abas Shaban, 33, at his flat in Glasgow’s Scotstoun on June 25, 2020.

Mr Shaban mistakenly delivered a £9.40 kebab to McDowall who wrongly accepted it.

The victim went back once the error was discovered only be to be hit to the head and chest with a baton.

Mr Shaban was later treated at hospital where he received six stitches to his head and also suffered nerve damage to his finger and bruising to the body.

McDowall denied assaulting Mr Shaban to his severe injury and permanent disfigurement at Glasgow Sheriff Court.

He also pled not guilty to a separate charge of having a baton in a public place without a reasonable excuse or lawful authority.

But he was convicted by a jury following a two-day trial.

The court heard from Mr Shaban who stated in evidence that McDowall said “Thank you” when he gave him the delivery.

He said: “When I got back to the shop, they contacted me to say that the order was not received by the customer.

“I said that I had delivered the order but I reviewed what happened and realised I delivered the food to the wrong person in the building.”

Mr Shaban went back to McDowall’s flat after he delivered a new kebab to the real customer.

He stated: “I asked him why he received the wrong order and why he did not remind me.

“He swore at me and closed the door and as I was going to my car he followed me with a police stick.”

Prosecutor Heather Naismith asked what happened after that.

Mr Shaban replied: “He hit me – I was talking to him, trying to protect myself and he hit me first on my chest.

“Then he hit me on my head.”

The witness added that he was only hit on two occasions and it caused him to bleed.

His police statement read to the jury stated that he also cut his finger after initially grabbing part of the extended baton.

The witness went to hospital where he received a CT scan and five stitches to a head wound.

Mr Shaban added that it took two weeks to heal and the scar remains while nerve damage to his finger lasted for six months.

The witness claimed that he still receives sore heads which last “for days”.

He said: “Since I was assaulted, I have been careful with people – when people approach me, I think they are going to hit me.”

David McCaig, defending, asked the witness if he was aware that McDowall has a low IQ or learning disability.

He replied: “No.”

The witness also denied being stressed due to the situation.

The lawyer said: “You went to Mr McDowall’s house, not to get the cold kebab, it was to confront him about his behaviour which cost you time and money.

“His lack of intellect comes into it that someone in his position would try and explain to you that a friend ordered it in kindness and he had a kebab delivered to him then he ate it?”

Mr Shaban replied: “He said he gave the order to the right person and when I asked him who this was, he swore at me and closed the door.”

Sentence was deferred pending background reports until next month by Sheriff Tony Kelly.

McDowall was granted bail in the meantime.

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