Carjackers thwarted by driver who served in Iraq

● Former soldier refused to back down to thieves

A carjacker who picked the wrong victim when he and a friend tried to steal an Iraq war veteran’s car was jailed for six years yesterday.

James Smith, 26 and Gary Pacitti, 25, were convicted of conspiring to steal cars by robbery at Straiton retail park in Midlothian on 19 February.

Yesterday at the High Court in Glasgow, Pacitti was not in the dock as he is in hospital with a suspected kidney infection. He is expected to be sentenced later this month. The court heard that Smith was out on licence at the time of the attempted carjacking of Lance Corporal Austin Miller’s car and was ordered to serve the remaining 337 days of his previous sentence for assault to severe injury before he starts his new sentence.

Judge Lady Stacey said: “I have to take a very serious view of a charge of conspiracy to steal cars by robbery. You and your co-accused acted together and then attacked Mr Miller and tried to steal his car.

“You have a shocking record. You have several convictions for assault and robbery and you were out on licence at the time.”

The court heard that Smith and Pacitti, who were both masked , bungled the robbery and fled empty-handed, after trying to surprise Mr Miller, a former soldier who served in Iraq and Afghanistan with 3 Rifles.

They ran towards the former soldier’s car as he prepared to eat a Mcdonald’s meal in a car park.

Pacitti wrenched open the door and repeatedly punched the victim on the head before dragging him unconscious from his Volkswagen Golf.

Lance Cpl Miller, 24, came round moments later to see Pacitti in the driver’s seat trying to steal his car.

He told a jury: “I punched him and soon after I hit him he called for his friend to, ‘Get the shooter’ – get a gun. The other person, who had a black scarf over his face, came round the back of the car acting as if he was trying to get something out of the waistband of his trackie bottoms, like a weapon.

“I said to him, ‘Get the shooter? I’m not leaving the car.’

“Once he realised I was going to stand up for myself he stopped pretending and I hit him as well, in the face with my fist. He stumbled back.”

Bungling Pacitti was unable to drive off – as he couldn’t work the car’s handbrake.

Lance Cpl Miller, who left 3 Rifles a few weeks ago, took the keys out of the ignition, retrieved his phone and dialled 999.