A Dundee teenager was cleared by a jury at the High Court of killing another youth after two groups on separate nights out clashed in a city centre street.
The family of the youth who died, Scott Emsley, reacted with outrage as the verdict was read out on Friday. Several young men swore loudly and pointed angrily at the accused, Robbie Robertson.
Scott Emsley’s father, near collapse, had to be helped from the court. He paused before the door looking back into the court and taking a deep breath as if to say something.
The judge Lady Clark ordered the court to be cleared and said she wanted no further public display.
Police formed a line down the centre of the public benches to keep the two families apart.
It was several minutes before the jury foreman could complete the announcement of the verdict to the court.
The jury found Robertson (19), of Polepark Road, guilty of assaulting Steven Braid by punching him on the head.
They deleted a section of the charge saying the punch caused injury and the verdict on this charge was unanimous.TensionThe tension in the courtroom increased as both families waited for the verdict on the charge of culpable homicide.
Robertson had denied that on May 23 in Brown Street he assaulted Scott Emsley (19), formerly of Mary Slessor Square, by punching him on the head, making him fall to the ground and strike his head which was so severely injured he died later that day in Ninewells Hospital and he killed him.
The jury foreman said the not guilty verdict to culpable homicide was by a majority.
Jurors had been out for 80 minutes before returning their verdicts.
The families of both youths involved were in tears as the verdicts were read out.
Several jurors also appeared visibly distressed during the verdicts and scenes that followed.
There were cries of “shocking” and angry gestures towards the jury as well as the accused.
As Robertson was released from the dock his mother rushed forward to embrace him.
Lady Clark asked for members of the public remaining in the court to stay in the public benches until she was off the bench.
Robertson and his family were then led away by police and court staff.
Around 40 of Scott Emsley’s family and friends left the court angry and anguished at the outcome.
The group poured out into Courthouse Square where they continued to shout their indignation at the verdict, but all declined to comment.
Throughout the five days of the trial there had been a heavy police presence in the courtroom and the area of the court buildings.No penaltyAround 20 officers were on duty for the final stages of the trial on Friday.
Advocate Depute Jonathan Brodie QC said, “In light of the verdict of the jury the Crown does not move for sentence on charge one.”
The conviction will remain but because the Crown did not seek a sentence Robertson faces no further penalty.
Before rising, Lady Clark thanked counsel and jurors for their service during the case.
Before they retired, Lady Clark directed jurors to concentrate on the evidence and put aside any sympathy they may have for those affected by events.
Self-defence in the case was a relevant issue and she told the jury that in law the Crown had to rule self-defence out before they could convict. If they accepted there was self-|defence, they must acquit.
She told jurors they would have to take into account the circumstances in which the court heard Robbie Robertson was confronted by Scott Emsley and Steven Braid, who the court heard was carrying a road sign in an aggressive way.
They would also have to consider whether there was an attempt to avoid the attack by Robertson’s account of backing away and saying he did not want to fight.
She told jurors, “You have to assess whether the accused threw the punch as a last resort.”