View Full Version : Thurso businessman cleared of assault

23-Jun-15, 19:29
"Evidence fell very far short of level required for a conviction" says sheriff

A THURSO businessman has been cleared of assaulting his estranged wife's boyfriend.
Brian Cardosi, 51, had denied punching Rob Grace but he was found not guilty at the close of a trial at Wick Sheriff Court today.
The incident was alleged to have happened when Lynn Cardosi went to the accused's home at 7 Brabster Street, Thurso, on August 12, last year, to discuss some financial business with her husband. She was accompanhied by Mr Grace.
Both he and Mrs Cardosi gave evidence and spoke to Cardosi assaulting Mr Grace in the doorstep incident.
However, Sheriff Andrew Berry was not convinced.
He described the scenario has "unlikely" and told Cardosi: "There are unusual aspects of this case which gives me no difficulty in concluding that you must be acquitted."
The sheriff referred to the fact that Mr Grace, "for whatever reason" had recorded the sound of the episode on his mobile phone and commented: "I rather suspect this was an odd start to things" (The recording was played to the court but much of it was muffled)
Sheriff Berry continued: "It is also odd to me that the recording, brought to the attention of the police not only late in the day but after the first day of evidence which I don't understand. "
The sheriff said that when Mrs Cardosi and Mr Grace went to the police station soon after the alleged incident, they had "a golden opportunity" to declare it.
Sheriff Berry told the accused Cardosi: "It seems to me that while the fiscal has properly presented this case, in the public interest, the evidence falls very far short of what would have entitled me to find you guilty so I find you not guilty."
Earlier, defence solicitor Chris Munro put it to Mr Grace, in cross-examination, that he had recorded the alleged incident to "set Cardosi up".
Mr Munro said: "You knew there was going to be an argument and you were going to bait the accused to assist Mrs Cardosi".
Mr Grace denied this and said the recording was to protect himself and Mrs Cardosi if her husband made any allegations against them.
Summing up, Mr Munro said that there had been quite a lot of background issues that people wanted to bring out, but the court was not the appropriate place to do it.