A SURGEON was yesterday cleared of assaulting his wife despite police claims that he admitted the offence.
Eugene Wheelwright was arrested after reports of a disturbance at his flat in the west end of Glasgow.
Police eventually charged him after claiming his wife, Alexandra, was bruised and had a cut to her head. They also alleged they found blood on Mr Wheelwright's hands and glasses.
Glasgow Sheriff Court heard that Mr Wheelwright, 49, later allegedly told officers he struck his wife during a row over claims he was having an affair with a colleague. He was found not guilty after his lawyer said the police evidence was "incompetent".
The trial heard police went to the surgeon's flat in Cleveden Road, Kelvindale, around 11pm on December 16 last year.
Drops of blood were spotted leading to the front door. Police Constables Martin Davis and Linda Clinton tried to gain access, but a man told them to "go away" as the "police were not needed".
The constables eventually got in after they said they would have to force an entry.
Mr Davis told the court: "I noticed blood on the floor in the hall - it had been partially cleaned. There was blood on the accused's hands and spectacles. It was splattered like small dots."
The officer added he then saw Mrs Wheelwright wrapped in a towel with bruising and a cut to her head. The couple were questioned in separate rooms.
It was alleged Mr Wheelwright reacted aggressively minutes later on noticing his wife in the hallway. Mr Davis said Mr Wheelwright told him to "get out of the way".
He then had to be handcuffed as he lashed out at both officers.
Mrs Wheelwright later refused to make any allegations against her husband. However, the court heard that when Mr Wheelwright was interviewed, he admitted to an assault.
He said: "I struck my wife. It was her blood, not mine. It was the heat of the moment and I think I slapped her. The cut she had was as a result of me hitting her. She fell and hit her head."
Mr Wheelwright was also said to have admitted that the row was due to an alleged affair he was having with a colleague.
However, Tommy Ross, defending, said that since Mrs Wheelwright was not making a complaint, there was no "direct evidence" of an assault and police claims should be "rejected as incompetent".
Sheriff Graeme Johnston found Mr Wheelwright not guilty of assault, breach of the peace, and resisting arrest.
Mr Wheelwright, an orthopaedic surgeon who has worked in Glasgow hospitals, including the Royal Infirmary, Stobhill, and the Nuffield private hospital, could have been struck off by the General Medical Council if convicted.
Last year, a separate domestic row between him and his wife ended with Stuart Hall, an off-duty policeman, being punched in the face. Then, Mr Wheelwright was fined GBP300 and ordered to pay Mr Hall GBP100 in compensation.
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