THE man who punched 81-year-old John Scott, knocking him unconscious on the side of the road two years ago has been found guilty.
After just three hours of deliberation, a Bendigo County Court jury yesterday found Neville John Cleland, 37, guilty of one count of intentionally causing serious injury.
He was remanded in custody and will appear in the Melbourne County court in three weeks for a plea hearing.
Mr Scott sustained injuries including a fractured eye socket, broken jaw and severe cuts and bruising, when he was attacked after a minor road accident on
July 28, 2008.
He was picking up glass from the middle of the road and moving it out of the way of other motorists when Cleland punched him from behind, knocking him to the ground.
Four witnesses gave evidence during the hearing, saying they saw Cleland punch Mr Scott numerous times. Some said they saw him punch the old man while he lay limp on the side of the road.
Cleland pleaded not guilty to the attack. He said he punched Mr Scott in self-defence after the old man hit him first.
Cleland was 35 at the time, less than half Mr Scott’s age.
Speaking outside court following the verdict yesterday, Mr Scott and his wife, Jeanette, said they were relieved the ordeal was finally over.
“It’s been a very hard two years – it’s changed our whole life,’’ Mrs Scott said.
‘’We didn’t feel safe any more living in outer Bendigo (Lockwood South), so we sold and moved into town for safety.’’
After the incident, Mr Scott spent a period of time in hospital recovering from his injuries. Once he was released, he handed in his driver’s licence and gave up his car. He also gave up pigeon racing, which had been his hobby for more than 20 years.
During the hearing, Cleland told the court that he punched Mr Scott three times in quick succession after Mr Scott hit him first. He said he was struck off-guard and threw the punches to defend himself.
Mr Scott denies ever hitting Cleland and said he felt hurt when barrister Richard Lawson accused him of lying to the court.
“We had no idea he was claiming self-defence,’’ Mrs Scott said. ‘‘But Jack has never told lies – he was brought up strictly and never told lies so to hear his barrister call Jack a liar, that was extremely hard.’’
Cleland was remanded in custody after a long list of prior offences was tendered to the court.
His criminal history includes convictions for recklessly causing serious injury, reckless conduct endangering serious injury, driving a motor car in a manner dangerous to the public and failing to stop.
The jury, Mr Scott and Mr Scott’s family were aware of Cleland’s past.
“I didn’t come here today with thoughts of revenge. I said to Jeanette, whatever, the verdict, I will accept it and if he gets off so be it,’’ Mr Scott said.
“I never thought this would have affected me like it has. I feel ashamed that it’s got to me.
“I certainly don’t want to go through it again.’’