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Cleaner fights off 89-year-old man trying to have sex with her

Gillian Lavery used a hammer to hit Tom Winter, who had taken Viagra and was 'prepared for sex'.

By STV News

Published 05 Jan 2017.

A cleaner hit her 89-year-old client with a hammer after he tried to have sex with her because he had taken a Viagra tablet.

Tom Winter ended up in hospital after being struck by Gillian Lavery at his flat in Clydebank, West Dunbartonshire.

Lavery insisted she only lashed out to get away from the pensioner.

She told a jury how Mr Winter had arranged to have sex with another young woman that day.

When his date failed to show, the OAP was said to have told Lavery: "I have already taken my Viagra. You are doing it."

Lavery revealed she was "terrified" and only escaped after striking him with a hammer.

The encounter emerged as the 43-year-old mother stood trial accused of attempting to murder the retired sailor.

She was found not guilty at the High Court in Glasgow after claiming she had been acting in self defence.

Lavery, also of Clydebank, broke down in tears as judge Lord Ericht told her she was free to leave the dock.

The trial heard evidence Mr Winter had different women visiting him up to three times a week.

The court was told Mr Winter took Viagra but claimed the pill "did not work for 89-year-old people".

He was described during the trial as "very active sexually".

The jury was told Lavery had latterly been acting as a cleaner for the pensioner. They had known each other for a number of years before the incident.

Mr Winter said they had slept with each other on three or four occasions during that time.

The OAP claimed he was attacked on February 16 last year after Lavery called to say she was going to visit him at his tower block flat.

He believed she was coming up to have sex with him.

Mr Winter said Lavery told him she was expecting "a friend" before he ordered her to "get out".

He told the court: "Being an old sailor, you have that intuition inside you that something is not right so get rid."

Mr Winter claimed he then walked out in front of Lavery before being repeatedly struck with a hammer.

He said this left him "paralysed" on the ground outside his door.

He added: "I put my hands out to stop any more blows coming but was not that successful."

Mr Winter said the accused then "bolted" down a fire exit before a neighbour came to his aid.

The jury was shown photos of the OAP after the incident. They showed bruising to his head, face, arms and legs.

Asked how it had affected him, Mr Winter said: "I don't bother with anything now. I was very angry with myself because I trusted Gillian."

On later being quizzed by Lavery's lawyer Sarah Livingstone, he admitted he had been expecting "a mystery woman" to turn up that day, too.

He told the jury: "Gillian said she was bringing someone up... if the mystery woman did not turn up, I would have sex with Gillian with her consent."

Ms Livingstone asked: "You were prepared for sex that day?" Mr Winter responded: "Oh aye."

Lavery later gave evidence and told how the OAP had wanted her to be his "carer".

She confessed she had previously slept with him and she had been at his flat when he had sex with other women.

The cleaner recalled Mr Winter then being "angry" when the woman did not show that day.

Ms Livingstone put to her: "How did he seem about this woman not coming up?"

Lavery said: "He said that he had already taken his tablet... his Viagra."

She said Mr Winter then told her: "You are not going anywhere. She is not here so you are doing it."

Lavery recalled fleeing the flat just as the pensioner hit her with a walking stick.

She said: "I then went down... I was panicking. I was terrified."

The court heard she then grabbed a hammer that had fallen from a table. She then lashed out to "get him off me".

Ms Livingstone: "Did you get out?" Lavery replied: "Eventually - I was crawling as he was trying to pull me back in. He was trying to pin me down. I got him off me then ran downstairs."

Her lawyer asked: "Did you have any reason for an out of the blue attack on a man with a hammer?"

She told the court: "Never."

Lavery was cleared after the jury took half an hour to find her not guilty.

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