A TAXI driver found in his home with head injuries gave police the name of his attacker before he died in hospital, a court has heard.
Glenn Miller said he had been beaten up by Mark Foster, who went on trial yesterday accused of his murder.
The 37-year-old denies repeatedly punching, kicking and stamping on Mr Miller, whose injuries were so serious he died in hospital three days after he was found.
The charge alleges Foster had previously shown malice and ill-will towards the 50-year-old, who died on January 12.
Yesterday, as the trial started at the High Court in Aberdeen, the jury heard Mr Miller told police he had been “beaten up” by Foster, but described him as a “nice guy” and insisted he did not want to take matters further.
He also refused to go to hospital with paramedics, who were called to his home in New Pitsligo’s Clinton Place along with the police just before 11pm on January 9. Constable John Grant told the court that when he arrived at the house, he was taken through to see Mr Miller in the living room by his partner, Eleanor Gavryluk.
The Mintlaw-based officer said the couple had been drinking, but added: “He appeared OK, he was speaking away. He did have some injuries.
“I asked him to sit up so we could have a closer look, because he had quite a badly swollen left eye, and a cut on his lip.
“He was very vague but he did say that he had been beaten up by his partner’s daughter’s boyfriend.
“He was blase about it. He didn’t see it was a big deal what had happened.
“He said he didn’t want the police involved and that Foster was a nice guy and he didn’t want to pursue it any further.”
Constable Grant said he could see a small patch of blood on the sofa and a clump of hair, which he assumed to be Mr Miller’s, on the floor.
He and his colleague left to search for Foster, but he intended to phone Mr Miller the next day to see if he had changed his mind about giving a statement, he added.
But Mr Miller’s condition worsened overnight and he was taken to Aberdeen Royal Infirmary, the court heard.
Constable Grant, who took Ms Gavryluk to the hospital, said Mr Miller’s injuries appeared “significantly” different, with his eyes very swollen and bruises on his face and hands.
He added: “I was told it was likely he was going to die.”
The jury of 10 women and five men were shown a photograph of Mr Miller’s face and advocate depute Paul Kearney pointed to a visible footprint over his left eye.
Foster’s counsel, Donald Findlay QC, suggested things had gone “catastrophically wrong” and asked Constable Grant if the reason Mr Miller had not wanted to provide details about the alleged attack and Foster was because he couldn’t.
But the officer said: “He seemed coherent.
“He knew what he was doing and saying.”
Mr Findlay added: “There was a sequence of events. Mr Miller was injured, he declines to tell you what the real extent of his injuries may be and within a matter of hours he’s dead.
“There’s a sequence of events, however tragic.”
Constable Grant replied: “Yes. It’s definitely tragic.”
Foster also denies assaulting Mr Miller in a separate incident, at the Tesco store in Fraserburgh on November 27 last year, by repeatedly punching him on the head.
He is also accused of hitting Ms Gavryluk and repeatedly punching Andrew Bannerman at the supermarket on the same day.
He is also accused of repeatedly punching Gary Sewards at Mr Miller’s home in Clinton Place, New Pitsligo, some time between September 1 and November 26 last year.
The trial, before Lord Stewart, continues.