A TEENAGER pulled a knife out on an ex-SNP councillor accused of attempting to rape him while asleep, a trial heard today.
The now 26-year claimed that he confronted Mark Kerr, 40, near a petrol station in Croy, North Lanarkshire, on February 20, 2015.
The man stated that he planned the encounter moments after Kerr, now of Wishaw, North Lanarkshire, attacked him while in his bed.
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Court papers claim Kerr first attacked him between the ages of 14 and 16 from December 2010 to August 2012 in a wooded area in Croy.
It is stated that he groped and made him perform sex acts on each other.
Further charges allege that Kerr attempted to rape the boy while he was asleep in February 2015 at his Croy home.
A trial at the High Court in Glasgow heard that the man came out as gay at 15 and Kerr - whom he knew since he was five - was initially a “mentor” for him.
The man claimed he "pursued" Kerr - who worked at the local shop - for a relationship but was initially refused due to his age.
The witness stated that a relationship started and sexual contact between the pair first took place at a disused quarry in Croy.
Prosecutor Michael MacIntosh asked if this took place while he was still aged 15.
The witness replied: "Yes."
The witness added that the pair attended the quarry for sexual purposes as well as a meeting point as the relationship progressed.
Jurors were told by the man that he recalled a later incident while aged 18 after falling asleep at Kerr's home in February 2015.
He stated that he felt Kerr on the bed beside him.
Mr MacIntosh asked how the witness knew that it was Kerr.
He replied: "Mr Kerr is a fairly big man and the other person that was in his house was not of equal size.
"On the mattress you can feel impressions - it would not have made sense for it to be anyone else."
The man claimed that Kerr went round the other side of the bed and rolled him from one side to another.
He added: "I froze, once I understood what was happening, I couldn't control my body...my body didn't allow me to do anything."
Mr MacIntosh asked if the man indicated that he wanted this to happen.
He replied: "Not a sound, not a movement, I was sleeping and I couldn't identify that I wanted this to happen."
The man claimed that he left the house shortly after to go home where he put his clothes he was wearing in a bag before grabbing a knife to put in his waistband.
He stated: "I wanted to pull it out on him...I never wanted to harm anyone in such a way."
Mr MacIntosh asked what the plan was.
He replied: "I didn't have a plan...it was just to pull it out the first moment I had.
"The intention was to pull it out and tell him to phone the police on himself."
The man told the jury the pair attended a local SNP function that night in Kirkintilloch, East Dunbartonshire, which included dancing, music and poetry.
He claimed that he did not get the chance to pull out the knife and waited until later that night while walking to a petrol station in Croy.
The man said: "I told him to phone the police and he asked why and I said that he knew why."
He claimed that he was told Kerr had a low battery and he called the police himself.
He stated that he told the call handler that he had a knife and would not harm the officers.
The man said that both of them were taken into the station once police arrived.
He claimed he was repeatedly interviewed about the knife as well as the attempted rape allegation he made about Kerr.
The man stated that he was alone with a female officer when he was told what happened to him is what her husband did to her.
He claimed he was told it was "absolutely fine."
The man stated that he felt silly and withdrew the allegation against Kerr.
The man later pleaded guilty to brandishing the knife at court.
David Taylor, defending, put it to the witness that the intimate relationship started at 16 or 17 which the witness replied: "No."
It was then suggested that the first sexual contact was in Hogmanay 2014 which the witness also refuted.
Kerr faces further sexual related charges against five other men including one rape.
Kerr, denies the 14 overall charges and the trial continues tomorrow.
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