Ill phone Paddy McCourt and tell him you are a hun

[Little_Lord_Fauntleroy]

Proceedings began just after 11.30am with Mr Paton entering a plea of “incrimination,” laying the blame for the assault he is accused of on a Christopher McClusky. Crown counsel told the court that the victim of the assault, footballer Lucaz Zaluska was not available to give evidence as he was in Germany.

The first witness called for the prosecution was Mark Wilson, 31. After being sworn in Wilson told the court he was a former footballer with Dundee United FC and had left the club in January this year. The witness told the court he had been in Glasgow’s Ashton Lane on the 20th October 2014 socialising with his wife Kelly and a group of friends including the accused Paul Paton and a Christopher McClusky.

At around 11.40, Wilson said, the group left a public house on the lane “Jinty McGinties,” and met Lucasz Zalusaka, a former Celtic team-mate. Asked to describe Zaluska’s state Wilson said he was “pretty far gone” and under the influence of alcohol. The witness then told the court that Paton introduced himself to Zalusaka and shook his hand. Zaluska then said “you are Rangers” to Paton who replied “no I play with Dundee United.” Zaklusak, the court heard “wouldn’t let it go,” and kept saying “you are Rangers” and “I hate Rangers,”“I thought he was being overly-aggressive” Wilson said.

The witness told the court that at this point he felt “something might happen” and stepped between Paton and Zaluska. Wilson said he then ushered Zalusaka away towards Byres Rd and advised him to get a taxi home but the goalkeeper then turned round and "started shouting up the lane, “I hate Rangers, I want to kill all Rangers fans.” “I asked him what he was talking about,” Wilson said. The accused, the witness told the court, then approached Zalusaka and “slapped” him. The goalkeeper, Wilson said, then stumbled and fell backwards against a taxi. “I was surprised it [the slap] would knock a guy as big as him down,” Wilson added.

Asked by the prosecution the witness agreed Zaluska had not “laid hands” on Paton although he had been aggressive. Wilson said he then went to leave the scene in a taxi but “within a minute” he heard a “commotion” and looked back to see Zaluska unconscious in the ground with blood coming from his head. The witness told the court he did not see how this happened. He then went to Zalusaka and stayed with him until he regained consciousness.

The court was then shown CCTV footage taken from a camera inside a branch of the TSB on Ashton lane/Byers Rd. A man in the footage, Wilson said, appeared to be Paul Paton. The recording, the court was told, appeared to show a “coming together” of two people, however because of the angle only the leg of the second person can be seen. A further piece of footage, Wilson agreed, showed him and Zalusaka in Ashton Lane with the witness holding the goalkeeper back “to stop him getting to Paul.” The pair then walk down the lane towards a taxi rank at the bottom of the lane. Wilson identified another person on the footage as a journalist, Matt McGlone, but told the court McGlone had not been in his company on the night in question and he had only found out who he was after the incident.

There was then a brief break while a legal matter was discussed

When proceedings resumed Wilson was asked about the injuries sustained by Zaluska and told the court there was “a fair bit of blood,” on the victims head.

Defence Counsel, Mr Lavell, then rose to cross-examine the witness. Wilson confirmed the incident occurred on a Sunday and the players would not be expected back for training until the following Tuesday. Asked by counsel Wilson said he had “four or five pints” and a “couple of vodkas” but did not think either he, or Paton, were particularly drunk as he had consumed the alcohol over nine or so hours.

The witness told the court that Zaluska was with two woman and there was another man who appeared to be in his company but he had not been introduced to him. He agreed that it was the goalkeeper who “appeared to have an issue” and nothing Paton had said was anything other than “friendly conversation.” “In a matter of seconds, he [Zaluska] appeared to get something in his head about Rangers,” Wilson added. The witness agreed that that the goalkeeper had said to him: “I’ll phone Paddy McCourt [an Irish Celtic player] and tell him you are with a hun.”

The witness told the court that he had been “taken aback” by Zaluska’s comments especially given the crowded nature of Ashton Lane at the time and agreed it was a possible that other people could have got involved given what he was shouting. Wilson said that Paton had initially been calm but as the goalkeeper kept shouting he “became more animated,” and finally slapped Zaluska on the face. “It was not a clean punch,” he told the court. The witness said that after that he had left the scene having “had enough,” of the situation.

Proceedings then adjourned for lunch/

[Nembo_Kid]

Zaluska.

[Rocko]

When proceedings resumed defence counsel for Paul Paton continued his cross-examination of witness Mark Wilson. Wilson told the court that on the night in question he had heard a commotion and returned to the victim Lucas Zaluska and found him unconscious. Wilson said that a group of people had gathered was “shouted at” by another man, who appeared to be drunk, who said “I saw what you did,” and “I remember you at Celtic.” The witness said that he later found out the man was a journalist, Matt McGlone.

Wilson told the court that an ambulance and the police then attended the scene and he spoke to officers about the incident.

Mark Wilson then stepped down from the witness box and the prosecution called his wife Kelly Wilson, 30, to the stand. The witness told the court she had been in Ashton Lane on the morning of 20 September 2014 with her husband and others and including the accused and a friend of his called Chris. Wilson said that when she left the bar they had met Lucasz Zaluska, a former team-mate of her husband and a conversation resulted. The witness said that at first the discussion appeared to be friendly but she then heard Zaluska shouting “football things,” towards the accused. “He was very aggressive,” she told the court.

Paton, she said, then began shouting back at Zaluska asking “what are you saying?” The witness told the court that she stayed with Paton while her husband walked Zaluska down towards a taxi rank. The accused, she said, then walked towards Zalusaka, who was still shouting, despite her asking him to stay with her. She then testified that she saw Paton “throw a punch” at Zaluska’s head over her husband’s shoulder. The goalkeeper, the court heard, “stumbled back” and appeared to trip and fall over. She then returned to her friends around the corner from the confrontation.

Wilson then told the court that 5 minutes of so later she heard “loud screams” from further down the lane and when she went to investigate she saw Zaluska “lying on the ground with blood coming from his head.” She said that a man in the crowd that formed accused her husband of being involved in the attack and she had spoken to him, Wilson added that she did not see the defendant at this time.

Defence counsel then rose to cross-examine and the witness confirmed that she had no idea why Zalusaka was being aggressive and she had not seen Paton doing anything to provoke him. The victim “looked as if he was looking for a fight,” Wilson confirmed telling the court he was shouting “I will kill you,” at Paton. The witness was then shown a statement she gave to the police after the incident and she confirmed that to the best of her knowledge it was true and accurate.

The next witness called to the stand by the prosecution was Matt McGlone, 60. After being sworn in McGlone told the court that he was a journalist and publisher. The witness told the court he had been in Ashton Lane in the early hours of 20 September 2014 after he had been drinking with friends. McGlone said he and a friend were walking down the lane on the way to get a taxi when he saw 3 men; he recognised Jim Goodman, Mark Wilson and Lucas Zalusaka along with the defendant Paul Paton, who at the time he didn’t know. Wilson, he told the court, was standing between Paton and Zaluska trying to keep them apart “'I’d say Paton was the aggressor” the witness told the court.

McGlone said he approached Zalusaka and advised him to get a taxi but as he moved away Paul Paton appeared attacked the goalkeeper and “smacked him on the side of the head,” making the victim fall to the ground. The witness told the court that Mark Wilson had been standing next to Zalusaka and McGlone said to him “some mate you, leaving your mate lying like that.” The goalkeeper, he said, then got up and walked back up the lane towards Paton who hit him again leading to Zaluska “bouncing his head off the wall.” Another man, who the witness said he did not recognise, then also hit the goalkeeper.

The witness then told the court that Paton and the other man ran off and Mark Wilson returned and threatened him saying “get to f*ck out of this lane.” McGlone was then shown some photographs and he confirmed he had taken these himself. The photos, the court heard, showed Wilson and Zalusaka just before the incident began and the aftermath of the alleged assault including a shot of “blood in the gutter” at Ashton Lane. McGlone then told the court that when the police arrived Mark Wilson had pointed at him and said “arrest that man.”

Counsel for the defence then rose to cross-examine McGlone. The advocate put it to the witness that he “had taken an interest” in what was going on as it involved well-known football players and questioned his evidence that Paton had been the aggressor in the incident. The defence then showed the witness CCTV footage of Ashton Lane and asked if he had seen Kelly Wilson standing with the accused. McGlone replied that he had not and told the court he had not heard Zaluska say anything about Rangers or hear him threatening Paton, I didn’t hear any shouting." he told the court.

Defence counsel then put it to the witness that he was “clearly drunk” at the time of the incident, “ask the police who was drunk?” McGlone replied. The witness was then given a copy of his police statement from the night in question in which he says the victim was punched while he was getting into a taxi. “You didn’t say anything about what happened before the assault” counsel suggested. “I answered the questions I was asked” he replied adding “I know you are scraping around.” “You didn’t tell the police about the earlier incident in Ashton Lane?” the defence barrister said, “didn’t you think that was important?” “The court asked me the police didn’t,” McGlone replied.

Paton’s advocate then put it to the witness that the court had heard other evidence that Mark Wilson was standing between Zaluska and Paton when the first punch was thrown." “I’m standing here telling you the exact truth,” McGlone replied adding “and you are trying to make up some concocted story.” The Sheriff then intervened telling the witness that counsel “was only doing his job,” and asked McGlone to confine himself to answering the questions put to him.

Defence counsel then suggested that the witness did not see Paton hit Zaluska a second time and suggested that the assault was in fact carried out by Christopher McClusky. “I was there and you weren’t,” McGlone responded. The witness repeated his assertion that there had been no shouting coming from the victim and said that any story to the contrary was a “concoction.” McGlone also said that he had laid a charge of "aggressive behaviour against Mark Wilson and the footballer had called him asking him to drop the action

The prosecution then rested and court adjourned.