Two islanders aquitted of metal bar attack 17/2/12
Two islanders have been aquitted for allegedly attacking a man with a metal bar.
Donald Norman Macinnes, 31, of South Lochs had suffered severe injuries and was flown to a mainland hospital after a gang attack late one Friday night over a year ago.
He was assaulted by the Tomair housing scheme in Balallan between 10pm and 11pm on 7th January 2011.
Two people were accused of being involved in inflcting the injuries.
Mark Macaulay, 28, whose address was given as 5 Cearn Hiort, Stornoway, and John Mackay, 27, of 60 School Road, Balallan, were aquitted by a jury at Stornoway Sheriff Court today.
By majority, the jury returned a not guilty verdict on Macaulay. Mackay was found not proven by an unaminous decision.
The pair were accused of acting with others and causing very serious injuries by repeatedly striking Donald Macinnes about his face, head and body with a metal bar or similar instrument and also punched, kicked and stamp him about his head and body.
Up to five people were said to have been involved in the attack.
The sheriff advised the jury that even if only one person has yielded a weapon, if others puched or kicked the victim then they could also be held jointly responsible.
Mackay lodged a special defence that he was not at the place of the attack and was at home within his own address at the time.
It was argued that he was implicated by footsteps in the snow leading from the scene to his house in addition to bloodstains on his jeans. DNA tests confirmed that the blood on his clothes was Donald Macinnes’s.
The fiscal claimed the gang chased Macinnes, and got him to the ground. Then they battered him badly. It was claimed that Mackay used a metal bar to attack Macinnes.
The crown’s argument maintained Mark Macaulay was amongst the gang on the scene and he was aware of Macinnes being hit by a metal bar but continued to assault the victim.
Mackay was represented by lawyer Ellen Macdonald. She said her client had been in a fight with the victim two days beforehand and the blood went on his clothing then.
A forensic expert for the defence indicated that the bloodstains were more consistent with Mackay’s version of events.