Pub punter cleared of attacking man in toilet
Accused had denied carrying out brutal assault
A man has been cleared of carrying out a vicious attack on a drinker at The Last Post pub in Paisley.
Andrew Paul, 36, was accused of assaulting James Hicks in the toilets after following him in and repeatedly punching and kicking him and stamping on his head.
A trial at Paisley Sheriff Court heard witnesses discovered Mr Hicks lying on the floor of the toilets with “blood streaming from his face and head”, on the afternoon of April 4, 2019.
Mr Hicks was discovered slumped between sinks as though he was “crouched down”.
Staff members called for an ambulance and reported the incident to police, who attended the pub shortly after 5pm.
PC Laura Wylie, 31, recounted the events in court. She said: “Staff informed me that a gentleman in the toilets had been injured.
“There was a lot of blood on the floor. Staff had been cleaning it up.
“A paramedic told me Mr Hicks had a footprint on the back of his head.
“When I spoke to him, Mr Hicks was very shocked at what had happened.
“He told me he didn’t know who had assaulted him or what happened.”
Procurator fiscal depute Kara Watt played CCTV footage to the court that shows the victim entering the toilet around 3.55pm.
Another male is seen entering around a minute later, and is then seen leaving the toilet “hurriedly” and heading out the door shortly before 4pm.
Detective Sergeant Ewan McMillan, 40, told the court he was tasked with reviewing the CCTV and recognised Mr Paul as going into the toilet shortly after Mr Hicks.
When asked why he suspected Mr Paul as being responsible for the assault, he said: “He matched the description of the person with white trainers entering the toilet at that time.
“And his conduct after going into the toilet. He does appear to hurriedly leave.
“And the circumstances of where he was with the witness for a period of time before he was discovered.”
The court heard when Mr Paul was arrested at a house in Paisley, he was suffering from a broken pinkie.
He also told cops: “I was just going for a pint and didn’t want any bother.
“It will all come out in the end.” Mr Paul also denied assaulting Mr Hicks, telling cops: “I am pleading not guilty,” when he was cautioned and charged.
However, he was found not proven of a charge of assault to severe injury and permanent disfigurement following the trial before Sheriff David Pender.
Sheriff Pender said the prosecution’s case had lacked sufficient corroboration of the assault to convict the accused.
Mr Paul was told he was free to go after being handed the verdict.
There was a lot of blood on the floor. A paramedic told me Mr Hicks had a footprint on the back of his head