A MAN who had been charged with causing near-fatal injuries to a stranger in an alleged one-punch attack at a Greenock taxi rank has been acquitted by a jury.

Lewis Millar, 22, had the assault to danger of life charge against him found not proven following a four-day trial at the sheriff court. 

He had been accused on indictment of striking a man on the head in Roxburgh Street to his severe injury and permanent impairment.

The trial had been told that the 31-year-old man suffered a brain haemorrhage after falling back and hitting his head off the ground, and that he has permanently lost his sense of smell as a result of the incident.

Giving evidence during the trial, the man's partner told the court that she thought her boyfriend was 'dead' as he lay 'completely unconscious' in the street with blood pouring from his head.

Mr Millar's solicitor Paul Keenan argued that his client had acted in self-defence after being randomly sworn at and punched by the complainer during the incident on May 2, 2021.

READ MORE: Trial told man suffered a brain bleed after stranger 'knocked him unconscious'

Mr Millar told the court that he had been out with friends at the former Nicolson's Bar, where the alleged victim had also been drinking throughout the day.

Both parties left the venue around closing time and as Millar was heading for a lift nearby 'someone shouted him over' from the other side of the road to the taxi rank.

He told the court: "People were singing and I was in a good mood, everybody was in a good mood then I went across the street to see what the guy wanted.

"I didn't know them and he asked 'how are you, have you had a good night?'

"Another man [the complainer] from behind swore at me.

"I was quite caught by surprise by it, he looked drunk and like he was maybe trying to pick on me for no reason.

READ MORE: Woman feared assault accused would kick alleged victim while others rushed to his aid

"I turned around to look at him and I was about an arm's length away, I never said one word, I wasn't talking to him. The other guy was being friendly.

"He punched me I believe as hard as he could, he hit me right in the face. It staggered me and caught me off guard."

Mr Millar said the alleged punch was 'the last thing I expected'.

He added: "I thought he was going to attack me again, so I threw one punch back and hit him on the face. He took a few steps back then just fell.

"I was still in shock, I couldn't believe the situation I'd found myself in for no reason at all. I was still in disbelief, I still am today.

"I believe I was assaulted. My intention was to defend myself.

"What would he have done after that? He could've done anything to me."

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Mr Millar, who said he was 'tipsy' but not drunk during the incident, claimed prosecutors were 'trying to make an example' of him and stated: "People deserve to know the truth."

He said: "It is an injustice, my life has been affected and it could affect my future life.

"I 100 per cent defended myself."

Procurator fiscal depute Raeesa Ahmed questioned why Millar did not report his own alleged assault to police, to which he replied: "I thought it was just a disagreement between men.

"It would be different if somebody tried to stab me or something like that, I didn't think he would be hurt as bad as he was.

"I wouldn't want anybody to be in a bad way."

In her closing statement, Miss Ahmed told the jury that there was 'no evidence' that the complainer hit the accused first, and said self-defence 'is simply to stop an attack, it is not an excuse to use force'.

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Describing the incident as an 'unprovoked and defenceless assault', Miss Ahmed told the jury: "The accused has lied to you in what is nothing more than an attempt to pull the wool over your eyes to cover up for the consequences of what he has done."

Solicitor Mr Keenan said: "In many ways this is a tragic case and the injuries sustained by the complainer were a tragedy.

"What would also be a tragedy is if Lewis Millar was convicted of this charge."

Telling the jury that it had to be proven that Mr Millar had 'acted with evil intent', Mr Keenan called the Crown case 'weak' and claimed it was 'based almost exclusively on the testimony of drunk people'.

The jury of seven women and eight men took around an hour to reach a unanimous not proven verdict on Mr Millar, who has no previous convictions.