Man not guilty of scarring islander with glass 28/6/08
A Slough man has been cleared injuring an islander with a glass tumbler. He was also found not guilty of an allegation of assaulting a second man.
Rory Knowles of 20 Bessemere Close, Slough was on trial on Friday at Stornoway Sheriff Court
He pleaded not guilty to injuring and permanently scarring Alan Kerr by striking a glass in his face in Stornoway town centre in July last year.
He also denied assaulting Donald Macleod on the same date by repeatedly punching him on the face to his injury.
The incidents took place at the Star Inn around closing time in the early hours of Sunday 8th July.
Mr Kerr said he was badly cut by his right eye and there was a lot of blood but he did not see the assailant.
He said there was a commotion inside the pub and he was going outside: "I just felt this almighty crash."
He added that outside, "things looked a bit insane because there was a big fight on the road."
The court was told that Macleod was in the Heb nightclub next door. He went out its Point Street exit and came round to the front of the Star. He witnessed the attack on Kerr and was then attacked himself.
Mr Macleod said the victim was hit on the head with a glass: "He hit the boy near his eye on the side of his face."
He was pulled to the ground and whacked on the face by an unseen assailant
He said there were "two or three guys on top of me - hitting me on the ground."
The court heard that Macleod had identify his assailant to police at the time but under questioning in the witness box he said he did not know who hit him.
Witness David Smith said he a man glassing someone in the face. Then a couple of people jumped on top of Macleod and started hitting him. He insisted that Knowles had assaulted Macleod.
Sheriff W J Taylor found Knowles not guilty on the first charge and agree with solicitor Kevin Macpherson there was no corroborating evidence to prove that he had carried out the glass assault on Kerr.
On the second charge the Sheriff suggested that there was "clear evidence the accused was there and participated in the assault (of Macleod)."
Defence solicitor Kevin Macpherson queried if there was proof beyond a reasonable doubt to convict his client.
The Sheriff said the crown had failed to prove the charge and returned a not proven verdict.
