Published: Wednesday, 9th April, 2008 12:00
Youths found guilty of metal pole attack
By Court Reporter
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Alloa Sheriff Court.
AN assault victim was left lying unconscious with a broken arm and hand after he was viciously attacked by a pair of metal pole wielding thugs.
The injuries to Benjamin Henderson were so severe that doctors had to correct the break in his left forearm with a metal plate and he still feels twinges in his hand.
The 32-year-old tree surgeon was only 500 yards from his home in Tillicoultry when he was savagely beaten by Barry Wylie (21) and Martin Turnbull (18).
He was found lying battered and bruised on a grassy verge in the town’s Dollar Road by a passer-by.
Wylie, of Alloa’s Dunvegan Court, and Turnbull, of Ochilview in Devonside, were found guilty after a three-day Sheriff and Jury trial at Alloa Sheriff Court.
They appeared on Thursday and denied assaulting Mr Henderson to his severe injury and permanent disfigurement, on 17 June last year, claiming self-defence.
During the trial the jury heard from Mr Henderson that he was drinking at a friend’s house in Devonside that evening and into the early hours of the morning.
When he was walking home after 4am he passed the Devonpark Inn and noticed the light on.
He peered into the window and both accused came out of the pub and spoke to him before one of them tried to punch him.
Mr Henderson said, “I ducked out of the way. They both attacked me at that point and I defended myself as best as I could. They tried to grab me, punch me, and I managed to fight them off.”
He claimed that Turnbull and Wylie then attacked him with a 3ft piece of wood they found at the side of the road.
“They came at me again and attacked me with the pieces of wood,” he went on. “One came in first and when I tried to defend myself the other would come in and hit me on the head. I was struck on the face and got an inch scar below my eye.”
Both accused followed Mr Henderson down Moss Road and ran and hid in Tillicoultry Bowling Club when a car stopped nearby. Mr Henderson said he walked onto a path beside the green to find out where the youths had gone and when he turned around the car was gone.
Wylie’s defence agent Peter Keene said, “Surely the thing to do rather than observe where they were going would be to turn tail and go in the opposite direction away from them.”
Sterling Mills security officer David McGregor told the court he saw both accused on CCTV pick up “poles” in the bowling green and throw them in the direction of Mr Henderson.
Mr Henderson described the objects as “white cricket stumps” and carried on walking down Moss Road rather than walk home, fearing that the youths would follow him there. At Murray Square he frantically phoned the police – a taped recording of the 999 call was played in court and the sound of voices shouting could be heard.
Wylie and Turnbull then came at Mr Henderson again striking him with the metal poles.
John Millar (55), who was putting up posters for Tillicoultry Gala around 5am in Moss Road, said he saw the three males arguing and later found Mr Henderson bleeding and bruised.
A police car arrived soon after and officers saw two youths running away. During a taped police interview, played in court, Turnbull denied being in the Devonpark Inn and said he met Wylie at 4am to go to a friend’s house in Tillicoultry.
He claimed that Mr Henderson was the one that attacked them, reiterated by his cousin Wylie. He initially denied having any pieces of wood or metal but on further questioning conceded they did have the items.
Mr Keene suggested to Mr Henderson that he was the aggressive party. He said, “You met two young lads, a conversation turned into a slagging match, and you attempted to throw the first punch and chased the boys.”
Turnbull’s solicitor Robert Smith also suggested that Mr Henderson’s broken arm was as a result of Wylie hitting his arm to stop him from attacking his cousin.
On Tuesday the jury found Wylie and Turnbull guilty of the charge. Sheriff David Mackie deferred sentence for reports and Wylie was remanded in custody.
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