A man has been cleared of carrying out a fatal attack in a Dundee common stairwell after maintaining he acted in self defence.
Ian Higgins was accused of killing Andrew Cox at an address in Forester Street by kicking on the body on January 6 last year.
Prosecutors said the kick caused Mr Cox to fall down the stairs and strike his head, resulting in him being so severely injured he later died in Ninewells Hospital.
Mr Higgins, 34, of Fairfield Road, Dundee, had denied the culpable homicide charge during a trial at the High Court in Edinburgh and the jury found him not guilty on a majority verdict.
Accused’s attack fears
The gas engineer told the court that on the day of the incident he was working at a flat in the tenement building and was carrying out safety checks when he heard “a considerable bang” from the close.
He said: “I went to the front door and opened it and listened out.
“I could hear voices coming from downstairs.”
He said there was a male and a female arguing so he went down to a turning at the first landing and asked the woman if she needed any help
He said the door had been kicked in at the close entrance and the man, who appeared angry, quickly came towards him.
He said: “Before I realised what was happening he was immediately in front of me.
“I thought he was going to attack me.
“I have attempted to get away.
“I realised he was right behind me.
“I don’t know what I felt but I felt something on my back, so I pushed my foot out to get away.”
‘I was trying to get away from him’
Mr Higgins said he went back upstairs for his phone and heard a plea for an ambulance.
“I go back down the stairs with the phone.
“I see the man at the bottom of the stairs.
“I then phone 999. I realised he is in serious trouble.”
He said he knew the man had suffered a bad head injury and made efforts to get him to stay still and wait for an ambulance but was not listened to.
Mr Higgins told his counsel, Ronnie Renucci KC, he accepted he had pushed/ kicked Mr Cox down the stairs but said he was trying to defend himself, not assault him.
He said: “I was trying to get away from him.”
‘Devastated’ by death
The defence counsel said jurors had heard evidence from the partner of Mr Cox, Danielle Mitchell.
She said Mr Cox was going up the stairs to offer Mr Higgins his hand to shake.
He asked: “Why do you think he was going up the stairs?”
The accused answered answered: “To attack me.”
Mr Renucci asked his client he felt about the death.
Mr Higgins replied: “I don’t really have any words to describe it. Absolutely devastated.”
‘Bat out of hell’ evidence
Ms Mitchell, 32, had told the trial that on the day of the incident she went with Mr Cox to a centre that acted as “a needle exchange” so he could get needles.
She said: “His intentions were to inject but he was kicked down the stairs.”
She said they had gone to the close but Mr Higgins “came out flying like a bat out of hell”.
She said Mr Cox was not wanting a confrontation.
Judge Susan Craig told Mr Higgins: “The jury has acquitted you in relation to this matter, so it is at an end and you are free to go.”
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