White witch party glass attack man found guilty

A jury has found an Inverness man guilty of a bottle attack as he left a midsummer party for white witches then learned he was out on licence having been jailed for assault and robbery in 2005.

Father of six Stuart Howell was jailed at Edinburgh High Court for five years with a three year extended sentence.

At Inverness Sheriff Court this week a jury of eight women and seven men returned a majority verdict after the two-day trial.

Howell, (31), of Laurel Avenue lodged a special plea of self defence and denied assaulting 43 year-old energy surveyor Mr McCann on June 20 by striking him on the head with a bottle to his severe injury and permanent disfigurement.

Mr McCann in evidence told the court he had been in the driveway trying to get Howell to come back and assist his girlfriend who fell and knocked her head on steps outside the house after they had been asked to leave the party because of their conduct.

One witness, guest Blair Stewart, said the party was for white witches and the jury was told during the course of the evening the guests gathered in a circle holding hands to pray for someone who was going into hospital the following day to undergo surgery.

Mr McCann, who didn’t know Howell or his girlfriend said she was drunk and went into the middle of the circle and made a fool of herself. He said it was embarrassing and distressing for everyone involved.

Mr McCann said when the couple were asked to leave he went after Howell to come back and help his girlfriend after her fall.

"I just kept saying to him that he couldn’t leave his girlfriend there but he just kept walking."

Mr McCaan said when he was struck his glasses came off and he sustained cuts to his forehead nose and lip and was bleeding heavily. He went after Howell but he ran off into the Ness Islands.

Mr McCann said he had only gone out socially once since the incident because he did not want to put himself into such a position where something like that could happen to him again.

He said he had worked in many countries where he felt there was a risk to his personal safety and couldn’t believe such a thing could happen to him at home. He had stayed at the guest house briefly having returned to Scotland.

Mr McCann said Howell kept on walking then turned around and hit him with the bottle of beer.

Scene of Crimes Officer Det. Sgt John Hanson said when he saw Mr McCaan 11 months later he still had a scar on his left cheek, one below his left eye, a blemish on his forehead and scar on his nose.

Howell denied claims that he had been drunk saying he only had two bottles of beer the whole evening.

He claimed the bottle broke when Mr McCann raised his hands and "pulled me towards him".

"I defended myself by raising my hands and was trying to push him away. Then the bottle broke."

The jury took less than two hours to return their verdict.

Depute Fiscal Ian Smith then revealed Howell’s previous record of offences which he said included a conviction for culpable and reckless conduct involving a glass and assault and robbery for which he was sentenced to five years with an extension of three years at the High Court in Edinburgh on March 17, 2005.

Mr Smith said Howell had an early release from that sentence and he was on licence in June when he attacked Mr McCaan.

"The court may refer him to the High Court to consider his earlier sentence," said Mr Smith.

Sheriff Ian Abercrombie told Howell the High Court should deal with him first and he was going to refer him back to that court before dealing with him for his latest offence.

He remanded him in custody meantime.

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