A holidaymaker was walking back to his accommodation after a night out when he was punched in the face by a complete stranger, a court heard yesterday.
But although there were no witnesses to 29-year-old Stuart Lyon’s alleged assault, DNA and other circumstantial evidence pointed to Christopher McCann, 24, as the assailant, fiscal depute Roderick Urquhart told Sheriff Margaret Neilson.
Mr Urquhart was responding to a ‘no case to answer’ plea by McCann’s defence lawyer, Duncan Henderson at the end of the Crown case at Inverness Sheriff Court.
McCann, of Stewart Street, Nairn, denies that on October 31 last year at Bailey Bridge, Nairn, he assaulted Mr Lyon by striking him on the head, causing him to fall to the ground to his injury and permanent disfigurement.
Mr Lyon from Dunfermline told the jury that he had arrived on October 31 at Nairn Caravan site and had gone for 8 to 10 vodkas with friends.
He said he was walking back from the entertainment centre when the attack happened.
“I was alone and passed a group of people on the Bailey Bridge. Something was said and I turned round. I was punched on the face and fell to the ground.”
He said he sustained a cut to his head which was sealed shut at Raigmore Hospital, leaving a scar.
Mr Henderson argued that there was no corroboration of an assault or that his client did it. He put it to Mr Lyon that he was drunk, had fallen and that had caused the head injury.
Mr Lyon replied: “No.”
But Mr Urquhart claimed successfully that there were elements in the evidence which supported the prosecution.
He told the Sheriff: “Police were called after the assault and McCann made an offensive gesture towards them when he saw them.
“When told his description matched that of the attacker, he ran off. He had in his possession a watch with a broken strap.
“A loop from a watch strap with DNA on it which matched McCann’s was found on the bridge.”
Sheriff Neilson rejected Mr Henderson’s plea, who led no defence evidence.
The trial continues.
