A teenager,†‬who plead†“‬not guiltyâ€â€? ‬at the Edinburgh Sheriff Court was acquitted yesterday of an assault leading to injury and permanent disfigurement of the complainant.†‬In the trial against Andrew C.,†‬17,†‬from Edinburgh,†‬the witness statements have†“‬not provenâ€â€? ‬to the majority of the jury,†‬that he smashed a glass in the face of the family friend Daniel G. during a pub brawl at the Hibernian Supporters‒ ‬Club in Sunnyside,†‬Edinburgh,†‬a year ago.
The evening of the birthday party ended with Daniel G. sustaining three wounds on the head and face,†‬he needed†‬40†‬stitches.†‬Andrew C. claimed he threw a punch in self-defense,†‬whilst also incriminating a friend of his,†‬18-years old James.
The sheriff Iain Simpson explained to the jury,†‬that if they would want to convict,†‬the crown would need to establish without reasonable doubt that the accused used a glass and they would need to believe Daniel’s statement.â€
However,†‬Daniel G. could not remember parts of the evening,†‬as he was under the influence of Cannabis,†‬the heroine-substitute Methadone and additionally three times over the alcohol limit to drive,†‬the court heard.†‬He was the only witness to incriminate Andrew C.,†‬whereas the four witnesses of the defense,†‬as well as Daniel’s sister Louisa G.,†‬witness of the prosecution,†‬only saw James D.†“‬smash a whole pint over his headâ€â€?‬.
The procurator fiscal John Barclay downgraded the charge on the final day of the trial to concern only one injury out of the three.
Addressing the jury,†‬he stated
: â€â€œâ€¬The sheriff is the master of the law and you are the master of the facts.â€â€?
In his closing speech,†‬John Barclay argued: â€
“‬Andrew C. was evasive,†‬he wasn’t forthcoming.†‬He came over as someone who tried to do the impossible:†‬protect his friend and protect himself.”â€
He added:
â€â€œâ€¬He lied to the police and I suggest to you he lied in court. In terms of the law we can safely return a guilty verdict.â€â€?
The lawyer of the defense,†‬Matthew Nicholson,†‬told the jury: â€
“‬Although Andrew C. did not tell the police the whole truth,†‬do not judge too harshly,†‬he only just turned†‬16,†‬he was foolish and perhaps stupid.†‬If you ask yourself:†‘‬I wonder what really happened that evening at the Hibs Supporters‒ ‬Club,†‬then you can not convict Andrew C. of this crime.â€â€?
