A former Angus Provost has been acquitted of assaulting his dementia-stricken wife in her wheelchair at an Arbroath care home.
A sheriff at Forfar upheld a submission of no case to answer in the case of Brian Milne at the conclusion of the Crown case against the 79-year-old ex-schoolteacher, after evidence from two staff at the Balhousie Antiquary care home on Arbroath’s Westway in relation to an alleged incident in the dining room of the home in December.
Mr Milne, who represented the SNP at local authority level in Angus for many years, had denied a charge of assaulting his wife, Irene, on December 19 by slapping her on the head.
“I have never hit my wife, or any other woman,” said Mr Milne after he left the courtroom.
The trial, before Sheriff Pino Di Emidio, heard from 19-year-old care home worker Gemma Tizzard, who said she had been standing a couple of tables away from Mr Milne and his wife in the dining room.
She said she heard a colleague say “don’t do that” and turned round to see Mr Milne’s hand coming back from the level of his wife’s face.
She told the court she did not see the accused’s hand actually on his wife’s face.
Nurse Emily McKay, 62, said she had been on duty at the home and was attempting to administer liquid paracetamol to Mrs Milne, who said she did not want it.
“Her husband said just to give it to her, she swore at him and he hit her with the back of his hand on her face,” said the witness.
She reported the incident to the care manager and was advised to phone the police.
In his no case to answer submission, defence solicitor Nick Whelan said there was no corroborative evidence of an assault having taken place and therefore insufficient evidence as a matter of law.
Sheriff Di Emidio upheld that submission, saying the “essential aspects” were insufficient for the case to be made.
A spokesman for Balhousie Care Group told The Courier: “We have a duty of care to report any incidents.”