Kinlochleven man guilty of assault

In a case where many facts could not be clearly ascertained, Andrew Carvill, 35, of Garbhein Crescent, Kinlochleven, was found guilty of assaulting his former partner due to the seriousness of injuries inflicted.

Carvill originally pleaded not guilty at Fort William Sheriff Court, with a special defence of self-defence to assaulting his then partner.

On August 20, the couple had finished dinner and drinks with a friend at Carvill's partner's home in Lochaline. Carvill continued drinking and his demeanour changed.

At about 11.30pm, the woman suggested they go to bed, to which she got no response. He still had a glass of whisky in his hand and she tried to remove it. She told the court: ‘As I touched the top of the glass to take it away, he smashed it while it was still in his hand. It was after that everything happened but it felt like an out of body experience, like it was happening to someone else.'

Carvill remembered events differently, saying she straddled him and squeezed his hand around the glass to cause it to break.

Carvill pulled out a clump of her hair, which was shown in evidence, as well as causing bruising on her shins, knees and ribs. Carvill maintained he pulled her hair in an attempt to get her off him.

Police were later contacted and Carvill was taken into custody, charged and placed on bail, with conditions not to contact his former partner. He contacted her a number of times through a third party, but it was also heard that the complainer contacted him.

Procurator Fiscal Depute Martina Eastwood said: ‘Credibility and reliability are at the core of this case. The corroboration between the complainer and the police evidence, as well as the level of force required to remove such a substantial clump of hair, displaces the defence of self-defence.'

Defence agent Hamish Melrose agreed credibility and reliability were central, and said: ‘The glass breaking caused blood to fall onto the floor which Mr Carvill said he cleaned up and [complainer] said she cleaned up the next day. Police saw no evidence of blood when they were there for 45-50 minutes which supports Mr Carvill's version of events.'

While Sheriff Eilidh MacDonald appreciated the inconsistencies, she said: ‘I believe [the complainer]. It takes serious force to pull hair to that extent. I find you guilty of the charges as libelled.'

Carvill was cleared of the breach of bail charge, and sentence for the assault was deferred until January.