The family of a landscape gardener left permanently disabled after he was felled by one punch broke down in tears as the man accused of endangering his life was acquitted by a jury.
After the not proven verdict by a majority was returned, one juror said quietly in the direction of Colin Tucker’s distraught wife, Shirley: “I’m sorry, I’m sorry” at Inverness Sheriff Court yesterday.
Mr Tucker’s daughter, Rachel shouted: “He has ruined dad’s life” as 21 year old apprentice heating engineer Joshua Jack was told by Sheriff Margaret Neilson that he was free to go.
Mrs Tucker could only say: “I can’t talk about it just now.”
Jack, of Highfield Avenue, Inverness, had denied assaulting 53-year-Mr Tucker of Moy to his severe injury, permanent impairment and danger of life during the three day trial.
Earlier, the court had heard Jack had delivered one punch to Mr Tucker’s face after an argument over a cigarette which had been thrown into Jack’s girlfriend’s car.
One witness, 21 year old Ryan Barbour said Mr Tucker had hit his head on the road as he fell. Brain injury expert, Dr Ashish Macaden, who continues to treat the victim, told the court that Mr Tucker’s chances of a full recovery were “almost nil.”
He said that a year after the incident and emergency surgery for three brain haemorrhages, Mr Tucker still had problems with speech, vision, memory, mobility and couldn’t eat properly, work or drive.
Jack claimed self defence, telling the court that he thought he was about to be struck by Mr Tucker, who was drunk and leaning over barriers near Morrison’s supermarket in Millburn Road on April 10 last year.
In evidence, he said that he was “devastated” when he learned how Mr Tucker was found by a taxi driver badly injured.
He added: “I wish it had never happened.”
Jack was in his girlfriend’s car with Mr Barbour and 21 year old electrician Ian Lamont (21) of Kiltarlity, who pretended to squeeze Mr Tucker’s bottom and made a funny noise as they drove away from the supermarket..
The trio said Mr Tucker had flicked a cigarette into the car and they returned to confront him to demand an apology.
Jack denied he intended to be physical with Mr Tucker.
He told defence solicitor Marc Dickson:”He was a fair bit bigger than me, Big and strong. He was quite aggressive and when he began to take his jacket off, I was quite shocked.
“I thought he was going to hit me. So I threw a punch and he fell backwards. It all happened in a matter of moments.” Jack went on.
