iStockA man who “battered the life” out of his mother’s ex-partner has been jailed for eight years for causing his victim’s death.
John Forsyth attacked Barry Evans at his mum’s home in Wishaw in November 2022.
The 29-year-old stormed over to the property, having discovered Barry was there with his dog Thor.
The 47-year-old suffered “catastrophic and unsurvivable” injuries – including a blood clot on the brain – following the unprovoked attack. He later died in hospital.
Forsyth had claimed to be acting in self-defence.
But, jurors rejected this and found him guilty of culpable homicide following a trial at the High Court in Glasgow.
Forsyth, of Motherwell, appeared at the High Court in Edinburgh for sentencing and Lord Young told him he needed to go to jail for the attack.
Lord Young said: “You inflicted serious injuries on a man who did not present a serious risk to you.
“His behaviour was odd but he was not a threat to you.
“This was a vicious attack on a vulnerable man which resulted in his death.”
Mr Evans had been the partner of Forsyth’s mum ten years earlier and had latterly said to have been badly affected after losing his job.
He was taking medication for anxiety and had been in hospital the day before the attack.
A neighbour had last seen him that morning when he gave the woman and her children a wave.
Mr Evans ended up at the home of Forsyth’s mum while she was out.
Another son had come back to initially find Mr Evans’ dog there, and then the victim lying on a bed.
The court heard it was Forsyth who then “rushed over to deal” with Mr Evans.
Prosecutors stated the man passed away two days later in the hospital, having suffered repeated blunt force trauma to the head and body by means unknown.
The injuries also included jaw fractures, broken teeth, black eyes and extensive bruising – some caused by Mr Evans trying to protect himself.
Blood marks were consistent with him being repeatedly hit as he lay on a bed.
Forsyth’s brother had texted their sister stating: “Johnny’s just battered the life out of him.”
Forsyth stated during a 999 call that “a random person” he assaulted was “dying”. He claimed not to know who the man was.
In his closing speech to jurors, prosecutor Vish Kathuria referred to prison phone calls after Forsyth had been held for the death.
He was said to have boasted that he had “battered” someone who had apparently “broken into” his mum’s house.
Mr Kathuria told jurors it appeared Forsyth and his father seemed “proud” of what he had done.
The advocate depute: “That is perhaps best summed up when his dad jokingly said he was going to call him ‘iron fist’.
“You might think, regardless of how the situation unfolded, there is nothing funny about Barry Evans losing his life in these circumstances.”
Forsyth accepted assaulting Mr Evans and had left him in “some nick” – but insisted he had been defending himself.
He claimed in his evidence that he had been “petrified” at his mum’s house and that there had been “a reaction” from Mr Evans.
But, Mr Kathuria said he had not mentioned at the time anything about an apparent “lunge” at him by the victim.
The prosecutor added that the self-defence claim may have been “created to try and get him off the charge”.
On Tuesday, the court heard that Mr Evans was “strongly attached” to his dog who was called Thor.
Defence solicitor advocate Murray Macara KC said the fact that Forsyth had phoned for an ambulance was to the credit of his client.
Mr Macara added: “This is strong mitigating evidence.”
Lord Young then ordered Forsyth to be jailed.
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