By Brian Smith

A DUNDEE man and woman facing charges of murder and culpable homicide arising from the death of toddler Brandon Muir last March will stand trial early next year.

A preliminary hearing at the High Court in Glasgow was told by counsel for Robert Cunningham (28) and Heather Boyd (28) that they fully expected the trial to proceed on February 3, 2009.

Heather Boyd faces a charge of assaulting her 23-month-old son on March 5 at the Douglas Family Centre, Balmerino Road, by striking him on the leg to his injury.

She also denies that on March 15 or 16 at addresses in Balunie Crescent, she failed to ensure Brandon’s wellbeing and failed to seek any medical treatment for his injuries, as a consequence of which Brandon was caused unnecessary suffering and injury and was so severely injured that he died on March 16 at Ninewells Hospital and she killed him.

Robert Cunningham, as someone who had charge of care of the child, Brandon Muir, now deceased, denies that he assaulted Brandon by seizing hold of him by the body, forcing him to stand against a wall or other surface, applying pressure to his abdomen by unknown means and then failed to seek any medical treatment for him, whereby he was so severely injured that he later died on March 16 and he murdered him.

Cunningham also denies that on various occasions between October 1, 2007 and March 16 this year, at three addresses in Dundee and elsewhere, he repeatedly and wilfully ill-treated Brandon Muir in a manner likely to cause him unnecessary suffering or injury to health and he used or allowed others to use the controlled drugs cannabis and dia- morphine, seized hold of Brandon by the arm, shouted and swore at him, subjected him to excessive noise, struck him on the head and body, seized hold of and compressed his body and forced him to assume a sitting or standing position for prolonged periods, all to his severe injury and distress.

He further denies that on various occasions between October 25, 2007 and March 14 this year, he wilfully ill-treated another child.

Yesterday’s preliminary hearing was conducted in the absence of both accused as a consequence of travel chaos on access roads to Glasgow.

At the hearing before Lord Bracadale, Donald Findlay QC said the defence team for Heather Boyd had still to obtain a number of expert reports.

He was confident these would be available and in the hands of the Crown before the next scheduled calling of the case at a further preliminary hearing on November 25 at the High Court in Glasgow.

Mr Findlay said he was equally confident that the trial would proceed on February 3 and it is tentatively suggested at this stage that the trial will be heard in either Edinburgh or Glasgow.

Mr Edgar Prais QC for Cunningham said the case for his client is fully prepared and he is ready to go to trial.

Advocate depute Dorothy Bain QC said the Crown was also committed to trial and had no difficulty with a further preliminary hearing on November 25.

If defence expert reports were available by that date it would allow the Crown to consult with their experts on the contents of the reports, should it be necessary, ahead of the trial date.

Lord Bracadale then continued the case to November 25 and confirmed that the trial would proceed on February 3 next year at a court yet to be determined.