Man is jailed for five years over railway murder bid

Saturday 27 October 2012

A VIOLENT man who punched a father-of-one under the wheels of a train has been jailed for five years for attempted murder.

Custom byline text:

Wilma Riley

The High Court in Glasgow heard that after being struck by 40-year-old Justin McDonald, Philip Gault fell between the edge of the platform and a train.

Mr Gault, 33, whose right leg caught under the train, was dragged along the tracks for a few hundred yards and said he thought he was going to die.

His wife Lee was then punched to the ground by McDonald, who walked away.All three had been on the last train from Edinburgh to Glasgow and got off at Sunnyside railway station in Coatbridge, North Lanarkshire.Judge Lord Tyre told father-of-three McDonald: "When Mr Gault and his wife were walking away from you, you assaulted him to such an extent he fell off the platform as the train was moving off."It is deplorable you did nothing to help him or raise the alert once you realised what had happened to him. It is very fortunate you are not in this court facing a charge of murder."McDonald denied attempting to murder Mr Gault at Sunnyside station on August 13, 2011, claiming he was acting in self-defence after being punched and head-butted.However, the jury convicted McDonald of punching Mr Gault on the head and causing him to fall between the edge of a platform and a train. He was also found guilty of punching Mrs Gault and knocking her unconscious.Prosecutor Kath Harper told the court McDonald has previous convictions for assault and carrying a knife.Defence advocate Derick Nelson, said McDonald was remorseful and had written a letter to the McDonalds. Mr Nel-son added: "He wants me to express how sorry he is. He shudders to think what the effect on their young family could have been if Mr Gault had died in the incident."Mr Gault, a taxi driver from Glasgow, and his wife were returning from Edinburgh. He said: "The accused said: 'Give me that can of lager.' I just said no."The court was told that when another passenger asked him for a can Mr Gault gave it to him and he said: "The gentleman who approached me the second time was polite when he asked me."Mr Gault said he, his wife and the accused got off at Sunnyside station and added that McDonald said: "That should have been my can of lager."He was asked if he said anything to upset McDonald and he replied: "Not that I'm aware of. The last memory I have is of the train doors opening."He said the next thing he remembered was being wedged between the train and a big wall and he added: "I was scared. My right leg had attached itself to the train in some way as if my trousers had ripped. I couldn't get my leg off what it was impaled on."Miss Harper asked: "Was the train moving?" and he replied: "No it was still in the station. I tried to free my leg. The train started to move. I put my right hand up and grabbed on to something metallic on the train."My feet were in front of me. My right leg was still attached to the train. The left leg was in front of me. I was holding on with my right arm."I thought I was going to die. As the train picked up speed I could feel my head banging off the ground. I don't remember how I became detached."Mr Gault was taken to Monklands Hospital in Airdrie where he spent four days. He suffered scarring to his back, left arm and leg. The ligaments in his left knee were damaged and his shoulder was dislocated. He now has trouble sleeping and suffers flashbacks.McDonald, of Muiryhall Street, Coatbridge, said he was assaulted first by Mr Gault and was acting in self-defence.The jury was shown CCTV footage taken at the station which showed Mr Gault walking away after punching McDonald.

Contextual targeting label:

Block list

Commenting & Moderation

We moderate all comments on HeraldScotland on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules, which are available here.

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.

Man is jailed for five years over railway murder bid

Commenting & Moderation

MOST READ

SPONSORED LINKS

MOST COMMENTED