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‘I can take a slap but breaking someone’s jaw is out of order’ — Perth court hears of life-changing injury at funeral brawl

Perthshire funeral brawl trial
Theresa Boyle (left) was found not guilty of breaking Lianne McNamara's jaw (right)

A mourner was left with a broken jaw after a violent bust-up with her stepmother during her grandfather’s funeral.

Lianne McNamara, 37, was left scarred for life after brawling in the street during a confrontation between members of the funeral party.

Miss McNamara told a trial she “knew straight away” her jaw had been broken after being punched in the face with full force by Theresa Boyle, 53.

Boyle was found not guilty at the end of the trial, which heard her evidence, as well as that of Miss McNamara and her mother.

‘A blooming good punch’

The trial was told Boyle had earlier shown her stepdaughter “an act of kindness” at the graveside by handing her a rose to throw on her grandfather’s coffin.

Miss McNamara told the court: “I was at my papa’s funeral.

“I wasn’t causing any trouble. I was just standing outside having a fag.

“I was punched. A blooming good punch.

“I went flying into the middle of the road. It was some punch.

“She’s a big lassie compared to me. She’s heavier than me.

“When you get punched in the face like that then you go flying.

“I could have been run down because cars were passing.

“It was out of nowhere. Once I had been to the hospital it was confirmed it was broken and I needed an operation.

“I can take a slap but breaking someone’s jaw is out of order.”

‘Her face looked really misshapen’

Her mother, Deborah Carson, said: “I heard a lot of shouting and screaming and when I turned round Theresa and Leanne were grappling with each other and had each other by the hair.

Perthshire funeral brawl trial
The brawl happened outside the Star Hotel, High Street, Auchterarder. Google Maps.

“It just sounded like a commotion. I ran over and by that time other people were trying to separate them.

“Lianne kept saying ‘mum, she’s broken my f*****g jaw’.

“She was upset and crying and in a lot of pain.

“She was so upset she ran off. She was doubled up on the ground from the shock of what had happened to her.

“Her face looked really misshapen.”

‘We were all pretty drunk’

Boyle denied ignoring her stepdaughter throughout the day and said she was standing outside the Star Hotel when Miss McNamara grabbed her arm and refused to let go.

She told the trial: “I was pretty drunk – we all were.

“It looked like there was going to be a fight. All of a sudden I was grabbed by the arm and she was digging into me.

“I was trying to push her arm back and pull me arm away.

“She was punching me in the face with her other hand. I maybe pulled her hair.”

She denied punching Miss McNamara in the face and told the court she could offer no explanation how her stepdaughter broke her jaw during the fracas.

Boyle, of Feus Road, Auchterarder, denied assaulting, severely injuring and scarring Lianne McNamara for life by punching her in Auchterarder High Street on January 20 last year.

Solicitor Pauline Cullerton, defending, asked the court to “take into account the day it was, the amount of alcohol consumed and the family dynamics.

She said: “She accepts there was a scuffle but not to the extent of a broken jaw.”

Not guilty

Sheriff Pino di Emidio said: “The situation started following the graveside where there is evidence – which was not contradicted – of an act of kindness towards Leanne McNamara.

Perthshire funeral brawl trial
Boyle was found not guilty at Perth Sheriff Court.

“A significant period of time passed and at least some of these people consumed a very significant amount of alcohol.

“There was grabbing and grappling going on between these two ladies.

“There was overwhelming evidence of some fairly aggressive behaviour. It goes beyond the pulling of hair.

“There is an actual struggle between two people. There was clear evidence of an altercation.

“Regrettably there was a very serious injury which, unfortunately for Miss McNamara, would appear to have significant ongoing effect for her.

“The difficult point is – how is the injury to be accounted for?

“The question is whether the Crown proved beyond reasonable doubt the accused inflicted the punch which caused the injury.

“The quality of the evidence is sufficiently deficient that I have to entertain a reasonable doubt.”

He found Boyle not guilty and she wept in the dock as she was cleared.