By Claire Warrender

TWO MEN who murdered someone they wrongly suspected of being a paedophile have each been ordered to spend a minimum of 13 years in prison.

The High Court in Glasgow heard yesterday that Anton Yanos Puddepha (34) and David Herron Rodger (47) had committed a ghastly and terrible attack on a defenceless man in his own home.

The accused had earlier been told they would be sentenced to life imprisonment after being found guilty of murdering Douglas Downes (58) at a house in Glamis Road, Kirkcaldy, on October 5, 2005.

Trial judge Lord Bracadale deferred sentence until yesterday for background reports on both men.

It was the second time the pair had stood trial over the same incident.

At the first trial in 2006 Mr Downes was still alive and Puddepha and Rodger faced a charge of attempted murder.

Puddepha changed his plea to guilty after hearing the evidence and was sentenced to seven years’ imprisonment, with a three-year period on licence after his release.

Rodger was found guilty by a jury of attempted murder and was sentenced to nine years imprisonment, again with a three-year extension on licence.

However before the two men were sentenced, Mr Downes died in Victoria Hospital, Kirkcaldy, of complications from the brain injuries he sustained when his head was repeatedly punched and kicked.

The Crown then decided to bring the two men to trial again, this time on a charge of murder.

During the second trial both men admitted assaulting Mr Downes, but denied they had murdered him.

Counsel for both men asked the jury to find them guilty of the lesser charge of culpable homicide, but Puddepha was found guilty by majority of murder and a unanimous guilty verdict was delivered on Rodger.

Both were also found guilty of committing the offence while on bail.

The trial heard Puddepha and Rodger had spent much of the day drinking together and had bought drugs in the evening.

At some point Rodger decided to go to Mr Downes’ home, where he had been staying for a week, to collect his belongings and move out.

As they walked through Templehall Rodger told his co-accused he thought Mr Downes was “messing about” with a young boy that used to go to his house and suggested giving him a hiding.

After Mr Downes eventually let them into his house an argument developed and he was attacked.

Rodger admitted butting and punching him while Puddepha told the court he punched him five or six times. Both denied kicking him.

Alerted by the noise, a neighbour managed to get into the flat and shouted to the accused he had locked the door and was going to call police. Both men fled out of a window.

The injuries sustained by Mr Downes were more commonly seen on road accident victims or people who had fallen from height, the court was told, and an accident and emergency consultant said she was surprised to learn he had survived longer than two or three days.

Mr Downes spent a month in intensive care and emerged severely impaired and susceptible to chest infections, such as the pneumonia which claimed his life on April 12, 2006.

At yesterday’s hearing counsel for Puddepha Edgar Prais QC told Lord Bracadale his client had always maintained his innocence in relation to the original attempted murder charge, but had pled guilty out of convenience.

“My client’s position throughout was when he set out that evening to call at the home of his co-accused he had no intention of inflicting injury on anyone. His position is he did not even know there was somebody in that house.

“His intent to assault somebody only arose as he was approaching the house where this terrible assault took place.

“When he was told the occupant of the house was a beast, he wanted to punish him. Of course he had no right to do that.”

Solicitor advocate Gordon Martin, for Rodger, said his client had a background of substance misuse and abuse and said he expressed regret.

Sentencing, Lord Bracadale told the accused they would not necessarily be released after 13 years, but at that time their case could be reviewed by the Parole Board.

Both sentences were backdated to October 7, 2005, the date they first appeared in court.