An Army veteran flouted bail conditions imposed on him by a sheriff to return to the home of an assault victim and carry out a terrifying axe attack on his target.
Stuart Forsyth used the weapon to break through the door of a bedroom where Thomas Gay had barricaded himself inside before hitting the victim on the head with the axe.
Forsyth – a former Highlander – first assaulted Mr Gay months earlier at his home in Boddam but was freed on bail at Peterhead Sheriff Court before returning to attack him again.
Advocate depute John Macpherson told the High Court in Edinburgh: “That assault took place against a background of specific bail conditions not to go anywhere near Mr Gay or Dundonnie Street in Boddam.”
Forsyth, 27, of Frithside Street, Fraserburgh, admitted attacking Mr Gay on March 21 this year to his injury and to the danger of his life at his address in Dundonnie Street by repeatedly punching him and striking him on the head with the axe causing him to lose consciousness.
He also admitted assaulting the victim to his injury at the house in Boddam on January 10 last year by repeatedly punching him on the head.
Forsyth further admitted attempting to pervert the course of justice and breaching bail conditions.
Mr Macpherson said that in January last year Forsyth visited Mr Gay at his home in Boddam but shortly after he arrived said that he could smell spray paint.
The prosecutor said: “When Mr Gay went outside his flat to investigate he found that highly derogatory names had been sprayed on the outside of his front door in silver paint.”
Forsyth joined him outside and turned on Mr Gay and punched him twice to the head, knocking him to the ground and then kicking him on the head.
“The next thing that Thomas Gay can remember was lying on the ground to find that Stuart Forsyth had left,” said the advocate depute.
The victim had cuts and grazes and a lump to his head and went to hospital after feeling dizzy.
Forsyth was detained by police in June last year in connection with an unrelated incident and admitted that he assaulted Mr Gay in January last year.
Axe attack in Boddam flat
On the night of the axe attack, Mr Gay was at home when he heard shouting and looked out to see Forsyth holding a bottle of Buckfast tonic wine.
He appeared drunk and was shouting that the attack victim was “a f****** rat” who was going to be stabbed.
Mr Macpherson said Mr Gay saw one of his neighbours attempting to calm down Forsyth and went to his bedroom for the night. But minutes later he heard banging coming from the rear door of the flats and footsteps coming upstairs with Forsyth shouting.
He then heard someone forcing their way into his flat and he pushed a mattress against the bedroom door. Forsyth could be heard shouting that the victim was getting “slashed on the face”.
“He then began to bang on the bedroom door in an attempt to get to Mr Gay, who by now was on the other side of the door having put his weight behind the mattress to stop Stuart Forsyth getting in,” said the prosecutor.
“After a few seconds Mr Gay heard what he described as a ‘more solid banging’ as if something was being used to strike the door,” he told the court.
Neighbour feared axe victim was dead
Mr Macpherson said: “A round hold first appeared in the bedroom door which then split in half. Stuart Forsyth reached through the opening, grabbed the complainer and began repeatedly punching him on the face and the side of the head.”
The victim realised that Forsyth was armed with a short-handled axe or similar weapon and was struck with it at least twice before he passed out.
When he came round he found he was surrounded by police who were contacted by a neighbour.
The woman found Mr Gay lying unconscious and initially, she feared he might be dead as she could not rouse him.
The advocate depute said: “When Mr Gay recovered consciousness he was aware of blood running down his face from a head wound as well as a cut to his left wrist.”
He was taken to Aberdeen Royal Infirmary where a wound to his scalp was closed.
The judge, Lord Harrower, was told that Forsyth has not previously served a jail sentence.
He adjourned sentence in the case for the preparation of a background report on Forsyth who is currently held at HMP Grampian.
Previous incidents in Mintlaw
During a separate, unrelated incident that came before the courts in August 2021, it was stated that Forsyth had been struggling with his mental health since returning from a tour of duty in Iraq and had turned to drink and drugs.
On that occasion, he was found “looking unconscious” on the side of the road in Mintlaw.
However, he almost immediately woke up when placed in an ambulance and started to threaten the paramedic who was trying to help.
The ex-soldier “squared up” to him and was deemed unfit to be taken to hospital.
In a separate incident, in July 2020, police were called to Station Road in Mintlaw after receiving reports of Forsyth brandishing a knife.
His defence agent told Peterhead Sheriff Court that background reports showed he was a “young man who had not had previous difficulties to seek”.
He said a combination of drugs and alcohol had combined with mental health difficulties experienced after his client’s tour of Iraq with the army in 4 Scots The Highlanders.
“He was thereafter struggling somewhat,” the solicitor added.
“He has latterly taken steps to deal with this particular issues and a modicum of success has been gained and he has not been back before the court.”