An abusive boyfriend put his partner in a headlock and thrust his thumbs into her eyes during a four-year campaign of cruelty, a court has heard.
Alexander Day was convicted of engaging in a course of abusive behaviour towards his then-girlfriend at properties in Alyth and Dundee.
His conduct was described by prosecutors as a “pattern of control and restraint” and claims the 38-year-old had been acting in self-defence against a woman half his size were dubbed “ludicrous.”
Following a trial at Perth Sheriff Court, Day was told he had “constructed a narrative” to try and explain away his behaviour.
Photos of injuries
The court heard the abuse began in March 2020 at the couple’s former home in Lochee and continued until his arrest following an early morning attack at the Alyth property on April 1 this year.
Day repeatedly acted aggressively, threatened to kill his partner and accused her of cheating on him.
On more than one occasion he locked her out of the home while she was dressed in just pyjamas.
The trial heard how police were called after he assaulted her in their living room.
He put his arm around her and held her in a headlock, while compressing her neck.
Day sat on top of her and restricted her breathing, refusing to get off.
Court papers state he repeatedly struck her on the head and pushed his thumbs into her eyes.
Photographs of the woman’s injuries, including scratches and red marks on her face and head, were shown during the trial.
Self-defence claim
Day, of Glenree, Alyth, insisted he had been acting in self-defence, claiming the woman had punched him in the genitals while he was lying, ill on the couch.
Day said he put her in a headlock to restrain her because she was biting, scratching and spitting at him.
He claimed his partner had been wearing only a towel, which fell off as they were struggling and attempted to convince the court she continued to attack and hurl items at him while she was naked.
Prosecutor Stephanie Paterson pointed out the woman was half his size and said claims he was acting in self defence were “extremely unlikely and ludicrous”.
Day said allegations he assaulted her in Dundee during the first Covid lockdown were “absolute rubbish”.
The court heard in one incident, he pushed her with both hands and in another threw her across the room.
Day admitted he had locked her outside the property for smoking “but only in jest”.
“It did go both ways,” he said.
He added: “I’ve done nothing wrong. This has all been misconstrued to discredit me.”
‘A pattern of domestic abuse’
Sheriff Clair McLachlan told Day: “My first job is to assess the reliability and credibility of the complainer and the quality of her evidence.
“I find her to be wholly credible and reliable.
“She was measured when she gave her evidence and I did not find her to be elaborating or over-dramatising.”
The sheriff added: “I did not find your account of the April 1 incident to be at all credible.
“In particular, the way you said that the complainer was dressed that morning.
“It strikes me that while you were giving evidence, you seemed much more concerned with criticising her evidence than presenting your own.
“You have constructed and stuck to a narrative to try and explain away this incident, and that does amount to a pattern of domestic abuse.”
Sentence was deferred for background reports.
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