A man who launched the first lawsuit in Europe against one of the world's biggest tobacco firms was a drunk who beat up his wife and children, a court heard today.
Mr Alfred McTear, who began proceedings against Imperial Tobacco after he was diagnosed with terminal lung cancer in 1992, became violent when intoxicated, the court was told.
On one occasion Mr McTear, who died in March 1993 at the age of 48, tried to commit suicide by setting fire to himself and the house where his wife and children were sleeping because he was unable to find work.
His wife Margaret (58) who is suing Imperial Tobacco for £500,000 in damages relating to her husband's claim, told the court she could recall her late husband attacking her and his son and daughter.
In the second day of the case at the Court of Session in Edinburgh, Michael Jones QC, for the tobacco firm, asked the widow what she could recall about her husband's violent outbursts.
He said: "Do you remember him coming home one night and assaulting you?
"Do you remember that he came home one night and assaulted Sandra (their daughter)?"
She replied: "Yes, I can remember that."
Mr Jones asked: "What other incidents can you remember?"
She replied: "I can remember him assaulting Alan (their son)."
The court heard that Mr McTear had drifted from job to job for most of his life and had been convicted of numerous offences, including assault, fire-raising and benefit fraud.
When Mrs McTear's legal team objected to the trawling through of her late husband's criminal record for a second day, Mr Jones said: "This case is about Alfred McTear and his lifestyle choices, including his decision to smoke and carry on smoking."
The court heard that in November 1981 Mr McTear was admitted to hospital with burns to his arm and leg after attempting to torch himself in the family home in Paisley.
Under questioning, Mrs McTear at first said the incident had been accidental but then accepted her husband had tried to end his life.
He had returned drunk to the ground floor flat, where his wife and three children were asleep, before pouring paraffin over himself and the living room carpet.
Mr Jones read out to the court a front page story from the Paisley Daily Expressat the time which said: "A man set fire to himself in the house where his wife and children were asleep in an attempt to kill himself because he couldn't find a job."
The court heard that the blaze caused £1,500 worth of damage and that Mrs McTear and the three children were able to evacuate the house unharmed after Mr McTear woke her up to warn her what he was about to do.
PA