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 17 November 2009   Latest News
       

 
Fire death trial to go on after plea fails

A YOUNG ARBROATH man’s plea of guilty to killing his 17-year-old girlfriend was rejected by the Crown at the High Court in Livingston yesterday and he will now stand trial on a charge of murdering her by pouring petrol over her and setting her alight.

Stewart Blackburn (18) denies that on April 25 at Fraser Place and Newton Avenue in Arbroath, he assaulted Jessica McCagh, now deceased, by seizing her, pulling her, slapping and punching her on the head, knocking her down and pushing her.

He further denies that on April 25, in Newton Avenue, he conducted himself in a disorderly manner, pointed an air rifle at two men, repeatedly pulled the trigger, placing them in a state of fear and alarm and committed a breach of the peace.

He also denies that on April 25, at an address in Bloomfield Road, Arbroath, he was in possession of cannabis resin.

He denies that on April 25 at the same address in Bloomfield Road, he assaulted the late Jessica McCagh by throwing petrol over her, throwing petrol over a bed in the house and setting fire to her whereby she was so severely injured that she died later that day in Ninewells Hospital and he murdered her, having previously evinced malice and ill will towards her.

At the outset of the trial, defence counsel Neil Murray QC told the court Blackburn would plead guilty to the lesser charge of culpable homicide by throwing petrol within the house in Bloomfield Road, which ignited and that he killed her.

He said Blackburn also offered to plead guilty to assaulting Jessica in Fraser Place and Newton Avenue, under deletion of the allegation that he knocked her down, and guilty to the remaining two charges.

All these pleas were rejected by Solicitor General Frank Mulholland QC, who is conducting the Crown case.

Police photographer Detective Constable Mark Stewart said he took a series of pictures of the accused, which showed injuries to his right shoulder and left arm, marks and abrasions on the fingers of his left hand and a minor abrasion to his left wrist.

There were similar abrasions on his right thumb and index finger. Pyjama bottoms he was wearing were rolled up to display a plaster on the lower half of his right leg and bandaging and plasters on his other leg, behind the knee. Close-ups showed “reddening” above and to the left of the plasters.

The trial is being heard before Lord Bracadale and a jury of 10 men and five women.

The trial, which is the first case to be heard by the high court in the new Civic Centre at Livingston, continues.

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