The Scotland rugby international broke down in Edinburgh Sheriff Court today after recalling the 2009 Six Nations tournament in which he and his brother Tom played.
Defence counsel Kevin McCallum asked about his brother’s injury. “Tom broke his neck in a rugby game, an international game for Scotland”, replied Evans.
“Am I right in thinking this was a life-threatening injury?” Mr. Evans was asked.
“Yes,” he replied.
“Am I right in saying it is no longer possible for him to play rugby?” asked Mr McCallum.
“Yes,” replied Mr Evans.
“I was shocked,” Max Evans told the court today, regarding the alleged assault at Lulu on Edinburgh’s George Street.
“I realised I wasn’t in a very good position … on the night I was very upset. Even now I am upset.” He added: “I didn’t mean to cause Mr McCaig any harm.”
Scotland rugby player Evans denies attacking Mr McCaig, 29, and claims he was acting in self defence.
He also claimed that he put his hand out to push Mr McCaig away but did not realise he had a glass in his hand.
The court heard yesterday that before he allegedly hit a man in the face with a glass, Max Evans was “pushed into” and “probed” in Lulu’s nightclub.
Sarah Jane Bell told the court yesterday that on the night of August 1st 2010 she and Evans made their way to the VIP bar where they ordered drinks and were kissing and “chit-chatting”.
The 28-year-old nanny said that Mr McCaig and a female came up to the bar next to Ms Bell and were “pushing into” and nudging her, she told the court.
“Max and I swapped places at the bar. Ally (Mr McCaig) seemed to be acting aggressively. He seemed to be trying to irritate Max. He was probing him and pushing into us.”
Ms Bell said she led Evans away on to the dance floor and did not see what happened next until she noticed two bouncers taking Evans away. She said she saw Mr McCaig with blood on his face.
The court heard that Evans told police: “I didn’t intentionally use the glass.”
Mr McCaig sustained a laceration to his eyebrow, which a doctor described as being “entirely superficial”, the court was told. He was treated at the Royal Infirmary of Edinburgh.
Earlier this week, Mr McCaig told the jury he had been drinking at the bar with his sister and a friend when a man appeared on his right hand side and struck him in the face with a glass.
29-year-old McCaig, who works in property development, was called as the first witness when the trial started on Tuesday 28th of February.
He told the court he was drinking champagne with his sister and an old school friend at the bar of the club’s VIP area when he was struck in the face.
He said: “We were basically catching up with each other, as you do, then the next thing someone comes from my right-hand side and strikes me on the face and hastily exits the membership area.”
“I was slightly flabbergasted at what happened and put my hand up to my right eye and it was bleeding.” He then pointed at Evans as the person who allegedly hit him.
Fiscal depute Dev Kapadia asked the witness if he knew who the man was at the time of the incident.
“No”, he replied, and said he found out afterwards from police.
Mr McCaig said later that he had been told by friends that he met Evans “four or five years ago” at a party during a rugby sevens tournament. He said: “I remember the evening but don’t recall meeting Max Evans.”
A photograph was then shown of both men standing apart from each other at the rugby event.
“I would suggest to you that your suggestion you didn’t know Max Evans prior to the evening of August 1 2010 is just nonsense, isn’t it?” Mr McCallum said to the witness, who replied “no”.
The defence lawyer suggested to him that he said to Evans in the VIP room of Lulu: “What are you doing in Edinburgh? F*** off back to Glasgow.”
Mr McCaig replied: “No, because I didn’t know who he was until after the incident.”
The trial continues.