A man suffered a serious nose injury when he was battered with a crowbar during a row with his brother.
Stephen Trainer was accused of scarring his brother Michael by assaulting him at their mother’s house in Holytown, but he walked free when the alleged victim insisted he was the aggressor and had only himself to blame for what happened.
Stephen (29), of Sunnyside Crescent, Holytown, had denied attacking Michael at the house in nearby Sunnyside Avenue on two occasions - once with a crowbar - on August 17 last year.
Michael told Callum Forsyth, prosecuting, he ‘lost the rage’ when his brother arrived at the house late at night and tried to wake his mother who was in bed.
They ended up fighting and he punched Stephen several times.
Mr Trainer told the jury at Hamilton Sheriff Court: “I said if he didn’t get out I would split him. I took the crowbar out of my toolbag and waved it about.
“He tried to get it off me and it came back and smashed me on the nose.”
Mr Trainer said there was a ‘fair bit of blood’ and he was taken by ambulance to hospital. He needed stitches and was detained overnight. He has a scar but ‘it’s no big deal’.
Mr Forsyth warned the witness that he had taken an oath to tell the court the truth. The prosecutor referred to a police statement he had given after the alleged attack.
He asked Mr Trainer if what he said at that time was the truth. The witness replied: “Probably not. I didn’t want to get into trouble by saying I had been brandishing a weapon. I would have told the police anything because I was worried and angry.”
Mr Trainer added that he gets on well with his brother and admitted he had probably lied to the police about what happened that night.
Mr Forsyth said he had no more questions and, before defence agent Eddie Robertson could quiz the witness, the prosecutor said he was dropping the charge.
More from the court in the Times & Speaker, out on Wednesday.