DJ's disgraced husband to be home for Christmas

Derek Mitchell 36, who left his wife feeling like a broken woman who tried to commit suicide in March 2013 in a bid to escape a "life of terror" could still be facing jail for the assaults in 2011.

The case called yesterday at Paisley Sheriff Court for the Crown to say whether or not it is accepted that Miss McGuire carried out an alleged assault on her husband in December 2012.

Procurator fiscal depute Amanda Gallagher said: "The Crown's position regarding the matters that were raised, the truth or otherwise of an assault that is alleged to have occurred after the assaults for which Mr Mitchell is to be sentenced cannot provide mitigation for the assaults that are on the indictment."

She added that it is "irrelevant".

Defence lawyer Billy Lavelle said that the Crown did not give an answer to the question, if the alleged assault was accepted or not.

Sheriff Susan Sinclair continued the case until next month when a further hearing will take place with legal arguments about the relevancy of the alleged assault and she will rule on it before Mitchell learns his fate.

Mitchell's bail was continued meaning he will be home for Christmas.

Earlier this month Mitchell was told by letter "it would not be in the public interest to continue with the prosecution of your wife".

On the last occasion the case called Mr Lavelle told the court Mitchell maintains he was attacked on December 8, 2012.

He said: "According to Mr Mitchell, she pulled him out of the toilet, threw him down stairs and attacked him to such an extent that he ended up in hospital. He had head injuries for which the injuries were super glued.

"He was assaulted, according to him, by various implements including two kettles which he was hit with.

"Also he asserts he was injured by his wife inserting the heel of a stiletto shoe into his anus."

Last month after a three-week trial at Paisley Sheriff Court, the accountant was convicted of three assaults between May and December 2011, including breaking his wife's wedding finger after a local fair.

He was also found guilty of committing a breach of the peace at the family home in Eaglesham in November 2009, the day after a family party.

Mitchell drunkenly pulled his wife's wedding finger back - breaking it, in front of her terrified daughters in May 2011 near to their home on Pulnoon Street, Eaglesham.

In a rage at a military event in September 2011 that Miss McGuire was hosting, Mitchell grabbed his wife and pulled her away, calling her a slut.

Months later in December 2011 the violent dad-of-two humiliated the DJ after she had hosted the Cash for Kids event and slapped her while she chatted with businessman Mike Ashley and even threw a punch at him.

He lodged a special defence of self-defence in relation to the broken finger claiming he was trying to stop his wife attacking him, but the jury rejected this version of events.

The former drivetime presenter gave evidence from behind screens at the court and described her husband as "controlling" and "manipulative".

Mitchell, she said, was a "prince charming that turned into a Jekyll and Hyde character" who had anger management issues and that she couldn't predict.

The 45-year-old claimed she was flattered when a younger man showed her attention and wanted a family - the same as she did - and claimed she repeatedly took him back despite being berated daily and assaulted by the man who claimed to love her.

She told the jury: "That's the embarrassing thing, I went back to that. I will never ever forgive myself for putting my children through that."

She said she was so "broken" in March last year, she went to an area behind Bonnyton Golf course and took 40 Paracetamol and a litre of vodka in an attempt to end her life.