James McKelvey accused his husband of cheating on him before he attacked him while he lay in bed sleeping.
A Paisley man faces jail after he pinned down his husband and bit his face in the middle of the night. James McKelvey travelled with his partner Francis Smyth to Aberdeen for a few days away but things turned ugly when he got too drunk.
The 50-year-old accused his husband of cheating on him before he attacked him while he lay in bed sleeping. McKelvey was arrested in Aberdeen and released on bail with conditions not to approach or contact his husband. However, just 12 days later, he breached that order by sharing a takeaway and alcohol with him at his Paisley home. When Mr Smyth realised he shouldn’t be in his husband’s company and asked him to leave, McKelvey attacked him again and bit the back of his neck. Prosecutor Alyson McLaughlin told Paisley Sheriff Court, the couple had been in a relationship since 2011 and have been married since 2021. She explained how the couple travelled from their home in Paisley on Friday, May 10 to stay at an Aberdeen Travelodge. Download the free Renfrewshire Live app today Renfrewshire Live, the new free app dedicated to bringing you around the clock breaking news, is now available to download. Powered by the Paisley Daily Express, Renfrewshire Live is your go-to source for news, features and sport with live coverage provided direct to the app, seven days a week. The dedicated team of experienced journalists, responsible for the publication of the award-winning Express, will focus on breaking news, day and night, across Renfrewshire’s towns and villages. There is also a dedicated St Mirren section that will follow every kick of the ball with the Buddies.The court heard: “During the day on May 14, the couple visited various licensed premises within Aberdeen city centre and the accused consumed large amounts of alcohol and became extremely intoxicated. “Around 9.30pm, they returned to the hotel and went to bed. Around 1am, Smyth awoke and noticed the accused wasn’t in bed and then heard the accused within the bathroom and saw he was opening a bottle of wine. “He asked him if the accused was coming back to bed and at this time the accused began accusing his partner of cheating on him leading to a verbal argument. “Following this, Smyth returned to bed and fell asleep. Around 4.30am, Smyth was awoken by the accused who was on top of him with his knee on his chest and a single hand around his throat. “The accused remained in this position for a few seconds whilst stating that he was going to kill him, however, relinquished his grip and punched Smyth on the face. At no point did Smyth lose consciousness while being strangled by the accused, however, he felt his breathing was restricted. “Smyth moved away from the accused and tried to fall asleep again, however, the accused began accusing him of infidelity and, thereafter, bit him to his left cheek, causing it to bleed. The accused was asked to stop, however, refused. Mr Smyth was able to push the accused off of him and ran out of the room and contacted police.” Police attended and noted Smyth had bruising to his neck and a bite mark to his cheek. McKelvey was arrested. McKelvey appeared at Aberdeen Sheriff Court on May 16 where he was granted bail with conditions not to approach or contact Mr Smyth. However, on May 28, he breached them.“The accused presented at the flat with a takeaway and, due to Smyth’s state of intoxication, he permitted the accused entry. Both consumed alcohol together until the early hours of May 28. “At 8.30am, Smyth awoke to find the accused sleeping beside him and asked him to leave, resulting in a physical altercation between them. “During this, the accused bit Smyth to the back of his neck, causing injury, and Smyth contacted police by dialling 999.” McKelvey was arrested and has been remanded in custody since. Defence agent Kirsty McGeehan invited the court to call for background reports and reserved further mitigation. Sheriff VJ Smith deferred sentence for the preparation of a criminal justice social work report and a restriction of liberty order assessment until August 15. McKelvey was remanded in custody meantime.
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