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View Full Version : Slash victim so drunk he couldn't identify his attacker



Nwicker60
22-Jun-11, 17:04
Witness denies protecting someone
A MAN who allegedly had his face slashed with a knife in a Caithness village, claimed in court he was so drunk he couldn’t remember for certain who had done it or where the attack had taken place.
Graham MacPhee was giving evidence as the chief prosecution witness in the trial of Jason Reilly of 13c Ormlie Road, Thurso, at Wick Sheriff Court, today.
Reilly (24) denied on indictment assaulting Mr MacPhee and striking him with a knife to his injury and also pleaded not guilty to threatening a detective at a house in Wick and resisting arrest.
Mr MacPhee was confused about events, denied he was covering up for someone and maintained the knife attack could have been carried out by someone other than the accused.
The assault was alleged to have taken place at the Spar Shop, in Halkirk, on September 5, last year.
Mr MacPhee (25) of 1 Church Lane, Halkirk, told the jury that he remembered “something unpleasant” happening to him on that day, as a result of which he suffered a slash to his left cheek and had the injury treated at Thurso’s Dunbar Hospital.
He was bleeding but when asked by senior fiscal depute, David Barclay, who his attacker was, he replied: “I can’t remember...I was under the influence of drink.”
Questioned further by Mr Barclay, Mr MacPhee referred to a drinking session at his home involving beer and a litre bottle of vodka, which he thought he had shared with Reilly and another man.
Mr MacPhee didn’t know the time of day. He believed he had left the house and gone to the Spar shop and then made a surprise claim that he thought it was the other man who had assaulted him.
He added: “I can’t remember...with the fresh air and the alcohol, I sort of blacked out, you know.“ Mr MacPhee told the sheriff that he thought a Stanley knife had been used to slash him but reiterated: “I can’t really remember, so I didn’t know who done it.”
However, replying to Mr Barclay, Mr MacPhee agreed that he had told police he didn’t want to give them a statement and told the court: “I didn’t want to press charges. I still don’t”. He also admitted that he had refused to be photographed by the police, for the same reason.
Mr Barclay: “The court may hear evidence from witnesses that you were bleeding before you went into the shop. Can you remember anything about that?”
Mr MacPhee: “I think the back of my ear got cut as well” but added he couldn’t remember when that had occurred.
Mr Barclay: “Is there any possibility that you do remember how this injury occurred, but you are protecting someone.”
Mr MacPhee: “I am not protecting anyone. I do know that I kept getting knocked down...there was a struggle then I lost consciousness. That was in my house before I went to the Spar.”
After a short recess, Sheriff Andrew Berry granted a motion by Mr Barclay to desert the case, meantime.