View Full Version : Woman witness went to aid of alleged assault victim

05-Feb-14, 19:47
"Ryan was in a mess" following attack
A WOMAN told a north court of how she came to the aid of a man she saw attacked outside a Wick bar.
Robin Miller said she helped Ryan Malcolm to a nearby seat after seeing him attacked by Gordon MacNab.
Ms Miller, 19, said that Mr Malcolm was "in a mess" after being beaten up.
She was giving evidence at Wick Sheriff Court, today, on the second day of a trial. In the dock are Gordon MacNab, 39, and his son Gordon Colin MacNab, both of Albert Street, Wick, Kris Campbell, 22, of South Street, Keiss and Scott Davidson, also 22 of Meiklejohn Court, Thurso.
They deny on indictment, repeatedly punching and kicking Mr Malcolm, a Wick plumber, on his head and body to his severe injury and permanent impairment, outside the Waterfront nightclub on June 2, 2012.
Ms Miller told the jury she had been at the Silver Darlings, a bar which is part of the nightclub complex and came out with a friend who had been feeling sick.
She told the court that she saw Gordon MacNab, senior, come out of the bar and push Mr Malcolm down onto the road and continued: "He got on top of him and punched him repeatedly in the face". Ms Miller told the court that some other people jumped in, then, and punched and kicked Ryan but she could not say who they were.
They all got off Mr Malcolm and she said that a short time later, Scott Davidson kicked him in the face.
She also told the court that as she was helping the injured Mr Malcolm to his feet, Gordon MacNab, senior "thumped him in the face".
Ms Miller said she stayed with Mr Malcolm, who was bleeding from his mouth, until the police arrived and took him to the hospital. She added that he was confused which was not surprising given the manner in which he had been assaulted.
The court heard previously that Mr Malcolm was treated for bruising and a burst lip and later required surgery for a fractured cheekbone. That side of his face was numb, he had ringing in his ears and he couldn't breathe through one of his nostrils, for a fortnight after the incident. Mr Malcolm previously told the court that he had been punched by MacNab senior, and Campbell and kicked in the face by Davidson.
Mr Malcolm was said by one of the four defence lawyers to have been so drunk that he could not give police a statement soon afterwards.
Cross-examined by solicitor George Mathers, for MacNab, senior, Ms Miller said that Mr Malcolm was angry but she denied he was in "an aggressive mood" and swearing.
Ms Miller said that she had not seen MacNab senior, being assaulted and had "no idea" how he had come by 17 or 18 different injuries.
Mr Mathers: "If the Waterfront doorman gives evidence that he saw , MacNab unconscious on the ground...you didn't see that?"
Ms Miller replied: "No".
Mr Mathers put it to her that Mr Malcolm and others had been "lying in wait", outside, for MacNab senior, and were going to "ambush him as soon as he appeared" and he was duly set upon and kicked and punched and only acted in self defence. (MacNab has lodged a special defence of self defence).
Ms Miller said that the ambush scenario wasn't true.
Mr Mathers: "You were too drunk to see anything."
Ms Miller replied: "I was not drunk...I saw everything."
Mr Mathers suggested there were inconsistencies in Ms Miller's evidence and observed that she had not implicated Kris Campbell when she gave her statement to the police but added his name subsequently.
Mr Mathers: "I am suggesting that you are lying through your teeth, young lady" which Ms Miller denied.
The trial continues.