Man cleared of hammer attack on his brother

An East Kilbride man has been cleared of battering his brother with a hammer.

Stewart Daisley allegedly attacked James Cain at his Blantyre home after accusing him of stealing money from their mother.

A jury was shown photos of the bloodstained front door and heard a 999 call from Mr Cain’s frantic girlfriend.

However, the trial at Hamilton Sheriff Court this week collapsed after the alleged victim claimed he had been taking drugs and remembered nothing of the attack.

Daisley, 40, of Larch Place, East Kilbride, was formally found not guilty of striking Mr Cain with a hammer on the head and kneecap to his severe injury.

It was alleged the assault happened in Millheugh Place, Blantyre, in April 2019.

The court heard Mr Cain told police:“Stewart was shouting‘I’m going to kill you’and saying I had stolen money from my mum.

“He managed to kick the front door open and as soon as he came in he swung a hammer at me. “He hit me on the left side of the head and I fell.” Mr Cain suffered a serious cut to his head and his girlfriend could be heard on the 999 call saying‘There’s blood everywhere’.

But the former soldier claimed in court that he remembered nothing about the assault or making a statement to the police.

Mr Cain said:“The first I knew about it was when I woke up in hospital.

“A nurse told me I got done in. I signed myself out.”

Asked about his police statement, the witness replied:“I don’t know what I’m doing when I’m full of drugs. I’m on a different planet.”

Mr Cain also said he had no memory of stealing from his mother.

Asked by defence agent Tracy Paterson what drugs he’d been taking, he answered: “Everything basically.”