A Dundee man claims he attacked another in a city hostel only after he had been drugged and robbed by him first.
At Dundee Sheriff Court, Sheriff Paul Brown refused to accept Nicky McKenzie’s explanation at face value and fixed a proof in mitigation.
The HMP Perth inmate said he woke up in hospital after being injected with drugs by John Laurie and later spotted Mr Laurie wearing his clothes in a Dundee hostel.
He must prove these allegations at a hearing later this month after the sheriff said he was sceptical about why police would fail to investigate such a serious claim.
Assault admitted
At a hearing on February 3, 42-year-old McKenzie admitted injuring Mr Laurie after attacking him at the Transform facility on Brewery Lane.
The attack took place on November 7 last year, just a week after McKenzie was released from prison.
McKenzie admitted that within the hostel, he pushed Mr Laurie on the body and kicked him to the ground.
As a result of this, Mr Laurie sustained a cut to his face.
After this, McKenzie then seized Mr Laurie by the neck.
He also admitted acting “in a manner likely to cause fear or alarm” by threatening his victim while holding a pair of scissors.
Sentencing had been deferred for a social work report.
‘Victim’
On Monday, McKenzie’s lawyer Paul Parker Smith told the court: “The report indicates that Mr McKenzie’s position is that he is the victim here.
He explained McKenzie was liberated from prison on October 31 and went to the Brewery Lane hostel but was told no room would be available until November 3.
“The complainer invited Mr McKenzie to go to a house in Arklay Terrace and Mr McKenzie had nowhere else to go.
“Mr McKenzie recalls falling asleep.
“He recalls feeling a nip on his right arm. He woke up to see Mr Laurie withdrawing a syringe from his arm.
“He remembers very little until waking up in hospital.”
Mr Parker-Smith said his client had saved prison wages for a flat deposit upon his release and returned to the flat to get his possessions but was not let in.
“The next thing, the police arrived in force, having received a call that Mr McKenzie was in possession of a weapon.”
Mr Parker Smith explained McKenzie was searched and had no weapon.
He said his client told police about what had happened but officers felt they could not make a corroborative case.
“The police went in the flat and came out with a bag containing a few items of clothing but not money.”
Mr Parker Smith said at that stage, McKenzie reported the injection and the theft to police.
Accused’s ‘blood boiled’
The solicitor went on: “He came across Mr Laurie in the hostel.
“Mr Laurie was wearing some of the stolen clothing and that made Mr McKenzie’s blood boil.
“He shoved Mr Laurie and then tripped him on the floor.
“It wasn’t a significant assault but he did end up with a small cut.
“In all these circumstances, it is understandable why Mr McKenzie feels that he is a victim… of theft.”
Sheriff Brown fixed a proof hearing on March 22 in which medical evidence and police reports will test McKenzie’s story.
The sheriff said he was not prepared to accept it at face value, adding: “I would think the police would at least make some investigation.”
Record of violence
The hostel assault took place just a week after McKenzie was released from a sentence imposed for robbing a Dundee Co-op.
He was traced by police around an hour after the Brook Street raid, shoeless, covered in mud and with a collapsed lung.
McKenzie was jailed in 2019 for three years after he and another man robbed a taxi driver in Dundee city centre.
In 2017, McKenzie was jailed for three years after being caught hiding heroin in a Kinder Egg.
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