Woman stabbed her partner in 'self defence'

Published 27 Oct 2011 08:00

A WOMAN who punctured her partner's lung with a knife after an argument over bacon walked free from Alloa Sheriff Court on Friday.

Kelly Folan (33) claimed she stabbed Paul McGarvie (35) through self-defence as he attacked her in the hallway of their Alloa home.

After a three-day trial the charge of assault to severe injury was found not proven by the jury.

During the trial, the jury heard that the pair had a tumultuous relationship - breaking up and reuniting annually for the majority of their 15 year relationship.

Within that time they had three children together and on one occasion Folan went as far as taking the children to homeless accommodation to get away from Mr McGarvie.

But on 26 February one of their many tiffs took a near-fatal turn when brick-layer McGarvie was stabbed in the back with a kitchen knife at their home in Churchill Street.

The knife wound was deep enough to puncture his lung requiring him to have surgery and a tube fitted to drain the blood from his lung.

Mr McGarvie said the incident began around 11am when he was grilling bacon in the kitchen while Folan was in the living room.

He said, "Kelly shouted you better not be eating my bacon. I didn't pay any attention as I was already cooking it. She ran through from the living and threw the grill on the floor in the kitchen. I picked up a bit of bacon from the floor and threw it at her.

"She started coming towards me kicking and punching me on the body. I tried to hold her back. She was screaming.

"Kelly got by me and grabbed a knife and tried to stab me in the kitchen and followed me through into the living room and stabbed me in the back. I could feel blood gushing out. That's when I fell onto the floor. She flung my mobile phone at me and said 'you better phone somebody', and then she left me in the house."

The court heard from Folan's aunt that she called her saying she had "accidentally" stabbed Mr McGarvie and they found her driving around Alloa crying. She also described Folan as having grease and "bits" in her hair.

Giving evidence, Folan admitted throwing the grill pan on the floor but claimed that it was Mr McGarvie that attacked her.

She said she was cutting up toast and cheese for the dog when he demanded her car keys.

She said, "I was heading to the front door to get the car keys and he ran at me with the bacon and smeared it all over the back of my head. I still had the small kitchen knife in my hands.

"He then grabbed me by the throat and pinned me against the wall. I was waving my arms about trying to get him away. The next thing he let go of my throat and made his way into the living room saying 'you've stabbed me'."

Questioned as to how she managed to stab Mr McGarvie in the back when he was facing her in the hallway, Folan said his body was turned to the side.

Folan also claimed that he had attacked her in the hallway just days before, after she switched off the television during an argument about changing the channel - to which Mr McGravie denied.

Folan, now of Caledonian Place, pled not guilty by way of self defence to the charge of stabbing Mr McGarvie with a knife to his severe injury, permanent impairment, permanent disfigurement and to the danger of his life when she appeared last Wednesday at the start of the trial.

Tweet

This article appeared in Alloa & Hillfoots Advertiser 26 Oct 11

Return to the main index, get more from this section or browse our News archives.

Follow @alloatiser