Hamilton work night out ended up in court

Nov 19 2009

A MAN on a work night out in Hamilton was assaulted and badly injured as he made his way between a town pub and Hamilton Palace, a court was told yesterday (Wednesday).

Aaron McMurray said accused Graeme Cunningham attacked him opposite Hamilton Town House around 11.50pm on September 14 last year.

As a result of the attack, he added, he still feels numbness on the tip of his left cheek and has been left with a 1½-inch scar.

Cunningham (25), of Neilsland Road, pleaded not guilty to assaulting Mr McMurray to his severe injury, permanent disfigurement and permanent impairment. He also lodged a special defence of self-defence stating that the complainer had attacked him.

Giving evidence at Hamilton Sheriff Court yesterday, Mr McMurray (30), a supervisor at Hamilton Water Palace, said he and around 30 colleagues had been at a work ‘leaving do’ in Chambers Bar that evening.

A group left the pub at 11.45pmand began walking towards Hamilton town centre. However, Mr McMurray and a colleague, walking at a slower pace, fell back from the group as they made their way to Hamilton Palace.

When the men reached the junction of Auchingramont Road and Cadzow Street they passed two men, one of whom Mr McMurray identified as the accused, and a woman.

One of the men made a comment about a friend of Mr McMurray and the complainer asked him what he was talking about.

The female, whom he didn’t recognise, began shouting and swearing at Mr McMurray.

Cunnigham, he said, moved “aggressively” towards his pal.

Mr McMurray said he told his pal “let’s go,” but when he started to move away Cunningham punched him on the left side of his cheek bone and he fell down.

He started to get up off the ground, but the female scratched him on the side of the face where he had been punched.

When he got up, Cunningham allegedly punched Mr McMurray two or three times on the head.

Mr McMurray’s friend and the other male who had been with Cunningham had disappeared, he said, and he cautiously started to make his way home. Cunningham and the female also left the scene, he added.

Asked to if he could identify anyone in court responsible for the attack, he pointed to Cunnigham in the dock.

Explaining why he did not report the matter to the police at the time, he said: “I just didn’t want any more confrontation or trouble. I just wanted to go home to bed.”

However, four days after the incident when numbness hadn’t disappeared, he decided to go to Hairmyres Hospital.

An x-ray taken there showed that his cheekbone had moved slightly inwards.

Mr McMurray also said there was nerve damage underneath his left eye.

Surgery was carried out at Monklands Hospital four weeks later which included inserting a metal plate into his left cheekbone.

Fiscal depute Eileen Gallagher said to the witness it could be suggested by the defence that the incident occurred because he pushed Mr Cunningham.

Mr McMurray replied:“I never raised my hand atany point during the incident.”

The trial before Sheriff Danny Scullion was continuing yesterday as the Advertiser went to press.