A landscape gardener requires further brain surgery after he was injured in a confrontation with a young Inverness man almost a year ago.
It will be the third time 53 year old Colin Tucker has had an operation and Inverness Sheriff Court heard yesterday that he still can’t walk, talk, see or eat properly and has lost his business.
His 49-year-old wife, community nurse Shirley was giving evidence in the trial of 21 year old Joshua Jack.
Jack, of Highfield Avenue, Inverness, denies assaulting Mr Tucker on April 10 last year in the access road of Morrison’s supermarket in Millburn Road by punching him on the head to his severe injury and danger of life while Jack was on a bail order.
Jack’s solicitor, Marc Dickson has lodged a special defence of self defence.
The jury was told that Jack was in a car with some friends and one of them tried to touch Mr Tucker, who was leaning over railings as he waited for a taxi.
It was claimed Mr Tucker, who was described as “a big strong man”, then threw a cigarette in the youths’ car which was only discovered a few seconds later by the smell of burning.
One of Jack’s friends, 21 year old Ryan Barbour said that when they saw the cigarette on the floor they decided to go back to Mr Tucker to seek an apology.
“Johnny and Josh got out of the car. There was a confrontation and the guy appeared to take his jacket off quickly and move towards Josh.
“Josh was closer to the railings. I didn’t think there was anywhere else for him to go. Josh stepped back and threw a punch. The guy fell backwards and hit his head on the road.”
Mr Barbour said Jack then pulled Mr Tucker off the road towards the pavement and left him sitting upright.
Mr Tucker was found by 49-year-old taxi driver Raymond Macdonald lying with his head on the pavement and his body on the road.
“I shouted to him to see if he was alright and got no response. His head was moving from side to side and his mouth was open.
“I thought he might be drunk and drove on. But then I got a pang of guilt that someone might hit him so I turned round and went back. I positioned my taxi to protect him and contacted the police.”
Mrs Tucker told the jury that her husband of 23 years had sustained a serious brain injury, for which he had so far required two operations.
“He spent five weeks in hospital in Aberdeen and another six when he came back to Raigmore. He has to go for another brain scan next week and have more surgery.
“He is now in a wheelchair, his vision is affected. He will probably never work or drive again and I have to cut his food for him.
“It was six months before I could have a conversation with him.”
The trial continues.