Rugby player Max Evans on trial accused of assault

He is charged with hitting a man in the face with a glass in the city’s Lulu nightclub.

The 28-year-old former Glasgow Warriors star denies assaulting Alasdair McCaig on 1 August 2010.

It is alleged he struck Mr McCaig in the face with a glass to his severe injury, permanent disfigurement and permanent injury.

Jurors at Edinburgh Sheriff Court heard Evans plead not guilty and enter a special defence, saying he was acting in self defence having been assaulted by Mr McCaig.

Mr McCaig was called as the first witness as the trial got under way today. The 29-year-old, who works in property development, told the court he was drinking champagne with his sister and an old school friend at the bar of the club’s VIP area when he was struck in the face.

He said: “We were basically catching up with each other, as you do, then the next thing someone comes from my right-hand side and strikes me on the face and hastily exits the membership area.”

He added: “I was taken by surprise, it was a sharp blow from the right-hand side.

“I was slightly flabbergasted at what happened and put my hand up to my right eye and it was bleeding.”

He then pointed at Evans as the person who allegedly hit him.

Fiscal depute Dev Kapadia asked the witness if he knew who the man was at the time of the incident.

“No”, he replied, and said he found out afterwards from police.

Mr McCaig admitted later in his evidence that he had been told by friends he had met Evans “four or five years ago” at a party during a rugby sevens tournament.

He said: “I remember the evening but don’t recall meeting Max Evans, but we were at the same evening.”

The court was then shown a photograph taken at the rugby event which shows both men standing apart from each other.

Mr Kapadia asked if he could remember having any contact with Evans or being introduced to him.

He replied: “I can’t recall. We were part of a very large group.”

Kevin McCallum, defending, put it to Mr McCaig that the tournament was held in St Andrews in May 2009. But Mr McCaig said he did not know the exact date.

The court heard how Evans was pictured standing beside his brother Thom at the party and jurors were told they were both Scottish international rugby players at the time.

Mr McCallum said to the witness: “I would suggest to you that your suggestion you didn’t know Max Evans prior to the evening of August 1 2010 is just nonsense, isn’t it?”

“No,” the witness replied.

Mr McCallum also put it to him that he had been “niggling” Evans and “winding him up” when he saw him in the nightclub in August 2010. Again, the witness said this was not the case.

The defence lawyer suggested to him that he came into contact with Evans in the VIP bar when he said: “What are you doing in Edinburgh? F*** off back to Glasgow.”

Mr McCaig replied: “No, because I didn’t know who he was until after the incident.”

Mr McCallum asked him if he remembered saying “You’re a faggot” or “your brother is a pussy”. The witness said no, he did not.

Asked if he remembered any discussion with Evans, Mr McCaig said he did not.

Mr McCallum then asked him if at this point he then aimed a blow at Evans. He replied: “No, I would know if I lashed out at someone.”

He was asked if he made contact with Evans’s left hand or shoulder, and he replied: “I can’t recall that.”

Mr McCallum suggested to him that his injury was a result of his “behaviour”, starting off with “verbal insults”. He asked the witness if he could accept the possibility that’s what happened.

Mr McCaig replied: “It could be a possibility, yes.”

Earlier, Mr McCaig had been asked if he was aware what he had been struck with and he told the court it was a glass. He said: “He came from the right-hand side and stood in front of me and hit me to the right-hand side of my face just above my eye.”

He said he went to get some assistance and was later treated by paramedics.

The jury was then shown photos of his face taken by him and a work colleague.

He told the court he went to see a consultant at the plastic surgery department because he was concerned about a lack of sensation in his forehead. He said: “I still have to this day a numb forehead. It’s still at the same level. To explain, you could put a pin in it, you couldn’t feel it.”

Asked if there were any marks he said he had a “pea-sized lump” which was “hidden” behind his eyebrow.

The trial continues tomorrow.