Pensioner slashed man with key in row over train station smoking.

Published 12th Feb 2024

A pensioner's been found guilty of slashing a man with a key after a row over smoking a cigarette at a train station. 72 year old Robert Mykytyn struck Haykel Guelmami who's 32, at Glasgow's Hyndland station on September 9 2021.

Mykytyn initially questioned Mr Guelmami for smoking on the platform and stuck the middle finger up at him.

The former businessman claimed that he could urinate on Mr Guelmami from a higher level on the train station.

A struggle took place between the pair when Mr Guelmami confronted Mykytyn on the stairs.

Mykytyn, of the city's Broomhill, went on to strike Mr Guelmami on the hand with a key which caused the victim to be wounded.

Mykytyn was found guilty at Glasgow Sheriff Court to assaulting Mr Guelmami to his injury.

The court heard that Mr Guelmami was at the station to board a connecting train after he finished work when he was approached by Mykytyn.

Mr Guelmami said: "I just recall I was questioned if I was smoking - he said 'are you smoking', I said 'yes' and I thought that's all.

"He just walked away straight to the lift and he turned around and he gave me the middle finger."

Prosecutor Ross Canning asked the witness how he reacted to it.

Mr Guelmami replied: "I just ignored it, I thought he would leave and go away."

The victim claimed he later heard further shouting coming from above by Mykytyn.

The witness also stated that Mykytyn made a racial comment towards him but this allegation was deleted by the jury at the verdict.

Mr Canning asked Mr Guelmami how he felt and he replied: "Shocked. I'm not really used to it, this is the first time it happened - it was just the way he kept carrying on."

Mr Guelmami told jurors that he walked up stairs towards where Mykytyn was standing. Mykytyn meantime walked down the stairs.

The witness said: "Somehow we fell down on the floor, there was a struggle, I had a hold of his glasses and he had hold of my neck with his hand - that's when the attack happened."

Mr Canning asked what Mykytyn was doing when it happened and the witness replied: "He had keys and he got me towards the face. It was just a wee scratch - he cut my hand twice."

Mr Guelmami added that his hands bled as a result of the attack on him.

The witness stated that he later asked a member of staff to contact the police and declined medical treatment.

A joint minute of agreed evidence to the court heard that Mykytyn suffered a number of rib fractures.

John Kilcoyne, defending, put it to Mr Guelmami that he got the police called as he was the aggressor attacked a 70-year-old man and would get charged.

He replied: "That's not true, I was scared, everything happened in 10 seconds."

The lawyer also suggested to Mr Guelmami that he went up the stairs to "charge" at his client.

Mr Guelmami replied: "Common sense I wish I didn't as we would not be here now.

"He is older than my dad - I don't want to be in this position.

"Everything happened as I said - you don't think of anything when someone is abusing you."

Sentence was deferred pending background reports until next month by Sheriff Paul Reid.

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