A former soldier who experienced the horror of seeing an Army colleague kill himself in front of him escaped a jail sentence yesterday for a terrifying attack on an 83-year-old widow in her home.
After hearing that David Smith is still suffering from post traumatic stress disorder over his friend's death Lady Cosgrove decided to place him on probation for two years on condition he attend the trauma clinic at the Royal Scottish National Hospital.
Smith, 21, admitted forcing his way in the home of Mrs Margaret Paterson in Cambusbarron, near Stirling, on April 1 last year, demanding money and drink, hitting her on the head with a chair, causing her to fall to the ground and striking her repeatedly on the head with a broken piece of chair, all to her severe injury and danger of life.
Miss Frances McMenamin, advocate-depute, told the High Court in Glasgow that Mrs Paterson had been ironing when Smith, who knew her, called at the door.
She hid her handbag in the washing machine.
Smith, formerly of Bain Street, Stirling, demanded money and drink before carrying out the attack and Mrs Paterson was left absolutely terrified.
She managed to struggle into the street where a passer-by summoned an ambulance. She was kept in hospital for two days, was unable to live on her own for a month after the attack and suffered nightmares.
Miss McMenamin told the court that the elderly lady suffered cuts and bruises and a severed artery at the back of her head.
Smith was found naked and hiding behind a couch in another woman's home nearby. His clothes were in the washing machine and he told police he could remember being in Mrs Paterson's house but nothing else.
The court heard that Smith had joined the Argylls in 1996 and was on guard duty at Catterick when a fellow soldier with whom he was friendly killed himself right in front of him. Smith left the Army shortly afterwards and started suffering flashbacks about his friend's death.
He started drinking heavily in an attempt to cope and doctors felt that had played a part in the attack on the old lady.
Lady Cosgrove deferred sentence and at the High Court in Edinburgh yesterday Mr Ian Donaldson, defence counsel, said that various psychiatric reports confirmed that Smith was suffering from moderately severe post traumatic stress disorder as a result of the suicide of his fellow guardsman.
Smith claimed he had not been offered any counselling at the time of the incident and one psychiatrist had said that if that was the case it was deplorable in the circumstances.
Treatment was now available and the medical opinion was that a jail sentence would only lead to an aggravation of the condition which would remain untreated. It would leave Smith in the same, if not worse position, than he was at the moment.
Smith, who had been in custody since February, had shown considerable remorse and appreciated that the court could impose a long prison sentence because of the seriousness of the attack.
Mr Donaldson added: ''My lady also has to consider what would be in the best interests of the public as far as protection is concerned. He has been diagnosed as suffering this unusual disorder and I would suggest that the protection of the public could best be served if he was to receive the help that everybody feels he needs at the present time.''
Lady Cosgrove told Smith: ''You have pleaded guilty to a very serious offence committed on a vulnerable, elderly victim. However, the medical reports indicate that you are suffering from post traumatic stress disorder.
''The reports also indicate that treatment will be likely to alleviate that condition and in these special circumstances I have decided, with some hesitation, to follow the recommendation that has been made.''
The judge said she would call for a report every six months on the progress Smith was making at the trauma clinic.
If he failed in any way to co-operate with the treatment he would be brought back to court to face a substantial prison sentence.
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