Man bit off ear in murder attempt

A man who attacked a stranger and severed his ear during a horrific murder bid was jailed for six years this week.

Colin Bathgate (33) punched and kicked his victim and assaulted him with scissors and glass ornaments during the bloody attack.

Bathgate called 999 and said there was a man at his house who had tried to attack him.

Advocate depute Richard Goddard QC said:“The accused confirmed to the call handler the male was unconscious but breathing. However, he also stated that there was blood everywhere.”

Bathgate said the victim seemed to be waking up and said he would“switch him off again”, the High Court in Edinburgh heard.

Police arrived at Linhouse Road, East Calder,looked through a window and saw the victim on the floor covered in blood.

Mr Goddard said:“There were significant amounts of blood around the complainer and on nearby walls.”

Officers saw the victim had numerous head injuries with his right cheek appearing sunken and his eyes swollen.

The prosecutor said part of his right ear was missing and added:“A tooth and flesh from the complainer’s ear were on a nearby sofa. The accused’s saliva was found in the flesh on later analysis.”

He was gasping for breath and was unable to tell police his name.

Blood stained scissors were found and a broken ornament was also extensively stained with blood.

A heavy glass vase was broken into 48 pieces which were heavily bloodstained and had clumps of hair on them.

The victim was taken to Edinburgh Royal Infirmary and placed in an induced coma. He spent three weeks in hospital but required further surgery.

Unemployed Bathgate earlier admitted attempting to murder him by repeatedly punching and kicking him, repeatedly hitting him with glass ornaments and sharp implements, severing his ear and striking him with scissors on September 10 last year.

The judge told Bathgate:“There was, in this case, a real danger to his life through loss of blood.”

Lady Carmichael said she accepted he was genuinely remorseful and shocked by the extent of the violence and added: “There is no alternative in this case to a custodial sentence given the nature of the offending.”

The judge said if Bathgate had been convicted after a trial he would have faced a nine-year prison term.

Defence solicitor advocate Ewen Roy said Bathgate had relapsed into heavy drinking following a family death.

Bathgate claimed he had been attacked with a sword but accepted his response was grossly disproportionate.

Mr Roy said:“He told me he has regular nightmares about what happened. He is deeply remorseful and very ashamed of his actions.”

The court heard Bathgate was not known to his victim before the attack.

The two men had gone to a local shop to buy drink before going to Bathgate’s home.