A Dundee man has been cleared of a city centre robbery but his co-accused admitted having a knife and the alleged victim’s wallet.
John Hutton said he was attacked in Pullars Close – just off Murraygate – in Dundee city centre last summer and Alan Rachwal and others were blamed.
Mr Hutton attended at Ninewells with abrasions to his mouth, nose and face, a bruised torso and discomfort to his lower left ribs.
A detached hood covered in Rachwal’s DNA was discovered at the scene by police.
However, jurors at Forfar Sheriff Court found the assault and robbery case against Rachwal, 33, of Arbroath Road, not proven.
Co-accused John McPhee received a custodial sentence after later being found with the knife and wallet.
He also admitted resetting various items including sunglasses and medication and Sheriff Mungo Bovey jailed him for 16 months.
Trial
At Forfar Sheriff Court, jurors were shown CCTV of friends Mr Hutton and McPhee entering Pullars Close on July 22 last year.
HMP Perth inmate McPhee, 40, told the trial: “I went up the alley with Mr Hutton. He was under the influence at the time.
“He took something and it put him into a fit.
“There were quite a few people.
“(Rachwal) was there. (He did) nothing apart from try to help.
“Mr Rachwal got down and tried to put him in the recovery position.
“He wasn’t attacked.”
McPhee told the court Mr Hutton had disclosed to him he was sticking with the attack story to “get a claim.”
In the witness box, McPhee labelled Mr Hutton a “compulsive liar.”
He also explained he had lifted Mr Hutton’s wallet following the alleged seizure and was planning to return it to him.
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