Son ‘was on drugs’ before party assault, court told

The victim's father, Gordon Smith, at court. Picture: Lesley Martin
The victim's father, Gordon Smith, at court. Picture: Lesley Martin
Have your say

AN apprentice joiner who suffered brain damage after being punched by a guest at a family engagement party had been snorting cocaine and taking ecstasy, a court has heard.

Anthony Smith, 23, spent three months in hospital after he was allegedly struck by Adam Hendry.

His father, Gordon Smith, was giving evidence on the second day of 28-year-old Hendry’s trial, and said he did not believe his son took drugs.

But medical reports shown yesterday to the jury at Edinburgh Sheriff Court revealed his son had been taking cocaine and ecstasy at the gathering as well as drinking heavily.

Under cross-examination from Hendry’s solicitor, ­Edward Wilson, Mr Smith snr said that Anthony had a “good drink” of beer, but “wasn’t staggering or falling about” during the party celebrating the ­engagement of his brother, Christopher, to his new fiancée.

The court was then shown a medical report from Edinburgh Royal Infirmary compiled when Mr Smith visited the hospital the day after the alleged assault.

The report said that he had been drinking and had taken “recreational drugs”. Asked by Mr Wilson whether that meant cocaine, the witness replied: “Never in a month of Sundays. You’re trying to blacken his name.”

Mr Smith said that he had not provided the hospital with information on drug-taking, and said that his injured son was incapable of telling them.

A later medical report shown to the jury specified one drug as ecstasy. Mr Smith said neither himself or his wife provided those details – while his son was in “ga-ga land” and would have been unable to.

A further medical report from the Western General Hospital stated that Mr Smith had been “drinking, snorting cocaine and taking ecstasy”.

Mr Wilson put it to the ­witness that Hendry had left the party in Southhouse Walk on August 21, 2011 because he was unhappy that drugs were being taken there.

Mr Smith snr, of Ferniehill, said that Hendry had left after arguing with his girlfriend. He told the court that Hendry then returned in a car and circled the street “six or seven times” before starting to kick the front door of the house. Mr Smith said that he went out to the doorstep to try and calm ­Hendry with his two sons standing behind him.

He said that neither son adopted a “threatening attitude” towards Hendry who then attacked both men.

Mr Wilson then asked whether his sons had applied to the government for compensation due to their injuries.

Mr Smith snr said that Christopher had lodged a claim but it was “too early” for Anthony as he continued his recovery.

Hendry, of Polton Drive in Lasswade, Midlothian, is accused of punching Mr Smith, causing him to fall over and strike his head on the road to the danger of his life.

He is also accused of ­punching Christopher Smith in the head to his injury and ­permanent disfigurement.

Hendry denies all the charges and has lodged a ­special ­defence that he was acting in self-defence after being ­attacked by Christopher and Anthony Smith.

The trial before Sheriff Isobel McColl continues.