A successful Angus businessman who brutally attacked his wife has avoided a jail sentence.
James Foster’s assault on his spouse of 11 years happened when she came home after a night out and found he had been taking drugs which he later admitted was cocaine while looking after their family.
When his wife slapped him, Foster retaliated by launching the assault which left her with a one and a half inch cut to her head and another cut to her lip which have caused permanent scarring, and forced the terrified woman to make three 999 calls in which she said ”my husband has just smashed my face in”.
Foster (42), of Dundee Road, Forfar, appeared for sentence on Thursday having earlier admitted an indictment alleging assault to severe injury and permanent disfigurement at a property in the town’s Old Brechin Road on February 5.
But he avoided jail after Sheriff Kevin Veal said he was prepared to take on board a plea from the accused’s wife, Judith, not to send him to prison because of the catastrophic consequences it would have on their family and business.
Depute fiscal Hannah Kennedy said Mrs Foster returned around 1.20am to find the accused with dilated pupils and an argument broke out.
Following the attack she called police and although Foster was not in the house when they arrived, he was discovered in a blood-stained robe hiding outside behind their van.
Defence agent Bob Bruce told the court his client was managing director and his wife the company secretary of a mobility company, which employs 10 people and last year made over £100,000.
”He appreciates what he has done is totally unacceptable and has entered therapy off his own back,” said Mr Bruce.
”This whole case has been a complete wake-up call to him and he is now not taking any drugs at all.”
Sheriff Kevin Veal said: ”He can count himself extremely fortunate that he has a wife who will stand by him and support him. Without her stated opinion it is difficult to see how custody could be avoided.”
He imposed a 30-month community payback order on Foster, incorporating 250 hours of unpaid work, alcohol and drug counselling and participation in the Fergus programme for domestic offenders.