By Brian Smith

TOLD THE man he was accused of assaulting had died in hospital and he was now involved in a murder inquiry, James Simpson said nothing, leaned forward and put his head in his hands, a police officer told the High Court in Edinburgh yesterday.

Detective Sergeant Kevin McMahon (45) said he had noted the 16-year-old was “shaking and pale.” Later, when he was formally cautioned and charged with murder, he replied, “No comment.”

James Simpson (16), of Loganlee Terrace, Dundee, denies that on July 29 last year, in Dens Road, he assaulted Steven Lee Jones (33), by chasing him, repeatedly punching him on the head, whereby he fell to the ground and repeatedly punched and kicked him on the head and body and repeatedly stamped on his head and body and murdered him.

He further denies assaulting Daniel Pawlak (28) on the same day in Dens Road by punching and kicking him on the head and body to his injury.

Defence Counsel Mark Stewart QC, has lodged special defences of self defence stating Simpson had been assaulted by the two men where he is charged with murder and, on the charge of assaulting Mr Pawlak, stating he was acting in his defence and in defence of Kenneth Morland.

Jurors watched a DVD recording of the first interview with detectives, carried out four hours after he accompanied police officers to Bell Street voluntarily.

Detective Constable Gerald Lesslie said that, although Simpson was 16, he was treated as an adult. He had been drinking but the detective said he was confident Simpson clearly understood what was happening throughout the interview.

At first Simpson insisted Mr Jones was responsible for starting the fight and he had only punched him after he was attacked. He admitted kicking Mr Jones when he was on the ground but denied stamping on his head.

The interviewers informed him they had a different account from witnesses and had seen him demonstrating a stamping motion to his friend as they were followed by CCTV cameras.

He said the witnesses were “probably mistaken” and he could not recall making the stamping motion as he walked away with Kenneth Morland.

The officers pointed out that he seemed to have a good memory of the start of the incident, when he told them that Mr Jones had asked him, “What are you looking at?”

He was able to describe him moving away and returning, after his Polish friend said something and then throwing the first punch, yet after the fight moved to the other side of the street, he could remember nothing.

One of the detectives told him that the “can’t remember” excuse might have washed when he was at school but it was not going to any more. “You were making sure he couldn’t get up again, kicking him, stamping on him. Isn’t that what happened?”

The accused replied, “Yes, I was aggressive. I never headered him, I did kick him. He started throwing punches at me first.

“I punched him and kicked. I was really, really angry—started booting him and kicking him.”

DC Lesslie said, “Why you haven’t said that until now is because you know you were going over the score.” Simpson replied, “Maybe have.”

The DC continued, “You have got hit with a bottle and lost the plot.” Simpson said, “Aye.”

Cross-examined by Mr Stewart, the officer agreed that in Simpson’s account he was hit on the head with a bottle by Mr Pawlak and told them that from that point on he had “blanked.”

DC Lesslie said he thought the accused had told them he had, “blacked out.”

The first police officer at the scene spoke of “horrific injuries” to the head of Mr Jones. PC Paul Haigh (33), said that from that moment on he concentrated on the injured man.

He said it was apparent the victim had serious head injuries, his face was swollen and his eyes were closed. “I tried to raise his head to help him with his breathing and it seemed to help a bit,” the constable said. He continued giving such first aid as he could until an ambulance arrived.

PC Haigh said he received a call to the incident at 1.30am.

As they drove up Dens Road he had a brief glimpse of a person with a white top and dark hair turning into Mains Road ahead of them, as the person ran away from the scene.

When they arrived, nearby resident Bruce Findlay was standing over Mr Jones, holding a metal bar in his hand.

He described Mr Findlay as being in a “hysterical state—he wouldn’t calm down.” At first they thought Mr Findlay had been involved but other officers dealt with him once he began Mr Jones’ first aid.

Ambulance technician Euan Donnachie (36) said it was immediately evident that Mr Jones’ condition was serious. An initial examination showed the right side of his head was very soft and pliable.

There was a lot of facial swelling, blood in his airways and his eyes were closed. He was unconscious and a rating system employed to assess a someone’s condition placed him at the very lowest end of the scale.

There was no eye, verbal or motor response and although there was a relatively strong pulse, he was “effectively deceased.” His condition was so serious that they radioed ahead to have a specialist response team waiting for them at Ninewells Hospital.

PC George Brand (53) said he was one of the officers dealing with Mr Findlay. He said he was behaving in a “bizarre and erratic manner. He was hysterical and very angry and it took some time to calm him down.”

In response to advocate depute Alastair Carmichael’s question about whether the officer had any impression that Mr Findlay had been drinking, PC Brand said, “I was convinced very quickly this was a shock reaction.”

Cross-examined by Mr Stewart, the officer said that with 23 years on the force he was familiar with dealing with people who were drunk. Mr Stewart continued, “You didn’t smell anything of the six pints and six nips this man had consumed?” PC Brand replied no.

The court then heard from officers who detained Simpson and his friend Kenneth Morland not far from the scene.

PC Ryan Galloway (31) said they saw the two walking and speaking to each other as they crossed from Strathmartine Road into Mains Street. He said both were compliant with all requests and agreed to sit in a police vehicle.

The officer confirmed that Kenneth Morland had complained of a sore hand and saw his hand was swollen.

He also said he saw a small cut on Simpson’s head with a small amount of blood running down the side of his head. “I also noted blood on his shoes,” PC Galloway said.

The trial continues.