A JURY which sat for five days on a serious assault trial involving two Greenock brothers took little more than five minutes to acquit them - after the prosecution case was dismissed as 'astonishingly weak'.
Christopher Rodgers, 40, and his 38-year-old sibling Gary were found not guilty on indictment charges which dated back to June 2020.
Defence solicitors told the sheriff court that the alleged victim had been the 'aggressor' and had gone to a house at 1am a 'drunk, angry man'.
The jury of eight women and seven men reached a majority not guilty verdict on Christopher Rodgers on a charge of repeatedly striking the man on the head with a weapon.
Gary Rodgers was unanimously found not guilty of shouting, swearing and brandishing a kitchen knife.
The Crown had claimed that Christopher Rodgers attacked the man with a three-foot metal pole after he had turned up at Gary Rodgers' home at Auchmead Road on June 21, 2020.
The alleged victim told the trial that Christopher Rodgers had come at him 'in full attack mode'.
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However, solicitors acting for the brothers dismissed the Crown's evidence as 'astonishingly weak'.
In closing statements, lawyer Aidan Gallagher, for Christopher Rodgers, described the Crown case as a 'mess' and argued none of the prosecution's witnesses were 'credible or reliable'.
The court was told the alleged victim had gone to the Auchmead Road house at 1am after receiving a phone call from his sister to 'get an understanding' of an earlier incident.
The man said that Gary Rodgers stood at the door with a blade before his brother came out from behind him 'swinging' a pole.
The man was taken to Inverclyde Royal Hospital after sustaining a small cut to his head when he was struck with the weapon but he did not require any stitches.
He had a one-inch laceration to the left side of his head and was treated by a doctor at the hospital for swelling on his right forearm.
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Christopher Rodgers lodged a special defence of self defence, with his solicitor arguing the man 'was hit because of his own actions and behaviour'.
Mr Gallagher told the court: "He was there to get an answer, not an understanding."
A defence witness had told the trial that the alleged victim and family members who turned up at the home with him were 'acting like a pack of hyenas'.
However, procurator fiscal depute Raeesa Ahmed told the hearing: "Does that justify assaulting him?
"They accepted they had an argument, they had had words that day.
"But the test of self defence has not been met. The use of weapons was not proportionate in the circumstances."
Miss Ahmed said the self defence claim was 'nothing more than an attempt to make a fool' of the jury.
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Solicitor Paul Keenan, representing Gary Rodgers, stated that his client 'behaved reasonably to an angry, drunk man at 1am outside his own house'.
He added: "Absolutely no part of that is criminal."
Addressing the jury members, Mr Keenan said they might be wondering why it was not the alleged victim sitting in the dock instead.
The solicitor said: "[The man] did attend Gary Rodgers' house having by his own admission seen red.
"He is not someone you can rely on.
"He is trying to cover up for his own actions.
"The witnesses claimed a bottle of Buckfast was used, then it was metal poles, then it was a knife.
"The witnesses became completely and utterly tangled in their web of deceit.
"Gary Rodgers was sleeping in his own house and was called out by a drunk man refusing to leave."
Both accused men were formally cleared of the charges by Sheriff George Jamieson following the not guilty verdicts.
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