Sheriff finds assault charge not proven

A man accused of assaulting his 20-year-old girlfriend, who months later committed suicide, walked free yesterday despite a sheriff describing him as “evasive” and his evidence “not credible or reliable”.

The charge against Michael Davie Gracie, 51, of Springfield, near Cupar, that he had punched Samantha Jo Thorpe, a student at Abertay University, to the head to her injury at his home on December 29 was found not proven by Sheriff David Hall.

Dundee Sheriff Court heard Miss Thorpe had been taken to hospital where she was treated for bruising and swelling to her left eye and mouth and she also had “self-harm” injuries to her right arm.

One of the injuries was a burn from her wrist to the crook of her elbow, which she firstly claimed to police was caused by Gracie holding her arm in the fire but later said he had used a lighter, with her consent.

She had also cut herself with his razor blade on the same arm, which she claimed was a “pact” between them. Gracie denied that as “nonsense”.

The court heard Miss Thorpe also told a police officer she had received the facial injuries after being “head-butted” by her dog and only told the truth after her sister persuaded her to go to the police.

In her statement to police, she said Gracie had punched her in the face, hitting her in the eye.

She called her sister and asked her to get her boyfriend to come and get her away from the house and also called the police.

Constable Neil Hunter said when he interviewed her: “She was clearly very scared, very nervous — she had a fear of reprisals.”

GracietoldthecourtMiss Thorpe was “steaming” and they ended up arguing when he said she had had enough to drink. He said she attacked him, “clawing” at his neck, which left scratch marks.

He thought Samantha’s bruised eye had been caused by a fridge door a week previously.

The sheriff said that although Gracie had been evasive to both the Crown and the defence questions, there was a reasonable doubt in the Crown’s case.

Student Samantha “Sammy” Thorpe (pictured) was found dead in her Dundee accommodation last March. There were no suspicious circumstances.

Gracie had been admonishedafteradmitting defying a court ban by repeatedly texting Samantha just days before her body was found and of, on various occasions between January 19 and March 1, at Opal, Parker Street, Dundee, being in her company.