Spurned husband jailed for battering ex-friend who slept with his wife

A SPURNED husband was jailed for more than four years today after viciously battering a friend who he discovered was sleeping with his wife.

Ross McMillan was tipped off by his seven-year-old son that Craig Smith had began a relationship with his wife Julie as the couple's lengthy marriage unravelled.

McMillan - a jobless father of ten, with six children by wife Julie - had moved out of the couple's home in Edinburgh's Moredun Park Road - but had hoped to reconcile with her.

However, after discovering Mr Smith's affair with his wife McMillan "saw red" and went to confront him.

He and brother Alfred Muirhead found Mr Smith standing outside the former family home and attacked him - punching and kicking him to the ground before kicking him and stamping on his head and body.

As he carried out the furious attack McMillan shouted: "You're meant to be my pal."

Mr Smith suffered horrific internal bleeding, and had to have his spleen removed during emergency surgery at Edinburgh Royal Infirmary.

He was in intensive care for three days, and also suffered a broken wrist and head injuries.

Medics said if they had not acted quickly Mr Smith would have died.

Advocate depute Stephen O'Rourke told the High Court in Dundee: "Mr Smith had become involved in a sexual relationship with Julie McMillan as the accused's relationship with his wife had began to deteriorate.

"Shortly before the two accused arrived at the address Mr Smith had pulled up in ihs car.

"He noticed the pair coming up and then both began to assault Mr Smith.

"It was described by witnesses as a prolonged attack leading to Mr Smith being on the pavement while they continued to kick and punch him."

Muirhead, 38, and McMillan, 42, both of Burnside Drive, Edinburgh, originally faced charges of attempted murder.

However, guilty pleas to a lesser charge of assaulting Mr Smith to his severe injury, permanent disfigurement and danger of his life by punching, kicking and stamping on his head and body on August 22 last year were accepted.

Not guilty pleas to charges of breach of the peace and uttering threats towards Julie McMillan were accepted by the Crown.

Solicitor-advocate Raymond McMenamin, defending McMillan, said he and his wife had been a "loving couple".

He said: "They became estranged in August 2010 and it is clear emotions were running high.

"Following the separation Ross McMillan became aware that the relationship between Craig Smith and his wife was more than platonic.

"That information came from his seven-year-old son based on what he had witnessed.

"Mr McMillan went along with his brother and desired to find out what the situation was.

"They encountered Mr Smith and in his own words he simply saw red and lost it.

"His recollection of the assault is diminished by his temper and rage.

"The ultimate consequences for Mr Smith were not envisaged at the time and Mr McMillan expresses deep regret and remorse for what he did."

Paul Haran, defending unemployed Muirhead - who previously served 18 months in jail for a serious assault in 2000 - added: "It is quite clear that this was a very emotionally charged incident.

"Mr Smith was a friend of both accused and they felt betrayed and let down."

Temporary Judge John Morris QC jailed each of the pair for four years and two months.

He said: "Had it not been for your early guilty plea you would have both got six years."