Man jailed for nine years after leaving woman brain damaged

A man has been jailed for nine years after attacking a woman in the street, leaving her brain damaged.

Michael Harvey, 32, was earlier convicted of attempting to murder Carol O'Reilly, 41, who he was briefly in a relationship with, on 1 October 2023.

He repeatedly hit her head off the ground during an assault in Glasgow city centre that was captured on CCTV.

Ms O'Reilly is now living with permanent damage to her brain and some memory loss. She has also been diagnosed with epilepsy and takes medication for seizures.

She told BBC Scotland News she has had to learn how to walk, talk and swallow again after spending six months in hospital.

Ms O'Reilly has questioned how Police Scotland handled the situation that night. The court heard that officers' actions were being investigated separately.

Following the attack, Ms O'Reilly had been put into a police van with Harvey and taken to Glasgow Royal Infirmary.

However, he prevented her from getting treatment and took her back to the Ibis Hotel they were sharing - she was described as "barely functioning" by the time he led her away.

He had to carry her back to the room where he continued to attack her.

She was discovered unconscious by hotel staff in the blood-splattered room the next morning.

In a phone call to the ambulance service Harvey can be heard telling the call handler she had fallen in the shower and had been foaming at the mouth.

The High Court in Glasgow heard how it appeared Harvey had managed to "talk his way out of handcuffs" that night, despite Ms O'Reilly's condition.

Speaking to BBC News after his conviction, she said: "Why, why did they leave me with him and put me in the back of the van with him.

"They should have separated us - one of them take me to the hospital, the other take him to the cells, until they could watch the CCTV."

She said the footage showed her head being hit off bus stops.

"It could've been a murder, I could've died. And my kids would've been left without a mum."

Ms O'Reilly had broken bones in her back, neck, cheek bone, eye-socket and nose.

She has had three surgeries on her brain, including a craniectomy. This is where part of the skull is removed to operate and the bone is kept alive in the abdomen.

Ms O'Reilly said she now struggles to do everyday things such as putting a bobble in her hair.

"I can't put a bra on either, I need to wear a sports one," she said. And trying to grab stuff with my hand is hard.

"I'm just tired all the time, I don't really go out that much, I don't trust people."

She said the way she speaks has also changed since the attack.

"I don't like my speech now," she said. "Sometimes, I listen back to old voice notes [of myself]. I used to speak really fast."

Graphic CCTV footage of the attack was shown to jurors in court.

This involved her being thrown to the ground, grabbed, kicked and dragged. She was, at times, left unconscious.

Prosecutor Lindsey Dalziel said: "She was left in a condition where she could not walk, she could not talk, she could not properly function.

"Once in that condition, he compelled her to move at his direction - he paid little attention to her appalling deterioration.

"I suggest an unprovoked and murderous assault on a vulnerable woman, so blinded by rage, that he did not care whether she lived or died."

As well as his nine-year sentence for the attempted murder, Harvey was also sentenced to two years for attempting to defeat the ends of justice. The sentences will run at the same time.

Lord Colbeck told Harvey: "Lying to others about what had happened to the woman was calculating and self-serving.

"In my assessment, those factors are redolent of a high degree of culpability."

Harvey was also banned from approaching or contacting the victim indefinitely.

Prosecutor Moira Orr, the national lead for homicide and major crime at the Crown Office and Procurator Fiscal Service (COPFS), said: "Over the course of an evening, Michael Harvey used appalling violence and threats to brutally control a woman who had gone on a date with him.

"CCTV enabled our prosecutors to share significant evidence of his brutality and threatening behaviour which was exhibited in public view as well as in private.

"Our thoughts are with the woman who has suffered such terrible trauma and injuries but whose bravery has contributed so much to this prosecution."

BBC Scotland News asked Police Scotland why Ms O'Reilly was not separated from her attacker, why Michael Harvey was not arrested and if Police Scotland would apologise to her.

Police Scotland said: "On Sunday, 1 October, 2023, officers attended at Waterloo Street, Glasgow following a report of an assault. After carrying out inquiries at the scene and speaking to witnesses, no criminality was established at the time.

"The injuries presented did not require an ambulance to be called, however the attending officers took two people to hospital for assessment.

"Police Scotland referred the circumstances of the incident to the Police Investigations & Review Commissioner (Pirc) who made one recommendation which has been implemented.

"We have not received a complaint relating to this case, however, we would encourage anyone with concerns to come forward and speak to us."

Pirc gave its findings to the chief constable in December last year.

Ms O'Reilly has never been given access to the report. The BBC also requested to see it but was refused.

BBC Scotland News asked Police Scotland who Ms O'Reilly should contact directly to ask for the report but they declined to answer.

Her sister Donna O'Reilly said it shouldn't be so difficult for the family to get answers.

"The victim should be priority. Because it's them that need the answers to move forward," she said.

"It's been very hard because Carol has changed as a person and obviously we're trying to make sure she's OK.

"And we can't give her the answers she needs because we don't know them…so it's been hard."

The family say what they need now is closure.

The sentencing of Harvey is one step towards that.

But Ms O'Reilly is still left with questions and no clear direction as to how she gets answers.

When asked what she wants for the rest of her life, she said: "To be a mum again, obviously it's hard being a full-time mum.

"But I was always active with them. And now I can't do stuff like that."

BBC Scotland News asked Pirc for its findings in the case.

It said: "We investigated the circumstances surrounding the serious injury of a 39-year-old woman on 1 October 2023 in Glasgow following police contact.

"Our report was provided to the chief constable and is now a matter for Police Scotland. We consider our report to be confidential and therefore have nothing further to add.

"Our reports are confidential for various reasons such as ongoing legal proceedings, protection of anonymity or matters relating to data protection."