A 60-year-old has been found guilty of stabbing his own brother in a deadly attack in a Stirlingshire village.
Boan D’Arc claimed his assault on grandfather-of-three Jamieson McLelland at the victim’s home in Thornhill was self defence.
D’Arc, also known as Thomas McLelland, was accused of murdering his sibling and although a jury at the High Court in Edinburgh rejected his self defence plea, they convicted him of the lesser charge of culpable homicide.
Jurors did accept the killing of Mr McLelland, 56, on January 6 last year was committed under provocation.
Mr McLelland was taken to hospital and underwent surgery to repair injuries to his bowels.
He had underlying health conditions and complications set in and he died at Forth Valley Royal Hospital more than a fortnight after the attack, on January 23.
Before his death he said his brother had arrived at his home with a knife and during a subsequent confrontation he defended himself.
He added: “He is not right in the head.”
Defensive wounds
Advocate depute Eilidh Robertson told the court the evidence demonstrated D’Arc carried out a sustained assault on his brother.
She said: “He stabbed him not once, not twice, but at least nine times.”
The court heard there were injuries that suggested he used his hands and arms to try to protect himself.
The prosecutor told jurors the victim had used a drill in a bid to defend himself.
D’Arc, a prisoner at Low Moss jail, told police he was attacked by his brother, armed with a drill, and he had defended himself.
One police officer told the court: “He said he had been in a fight with his brother Jamie, that he had been attacked by his brother who hit him in the face with a drill.
“He stated that in self defence he stabbed his brother with a knife because he feared for his life.”
PC Connor Zahariev said D’Arc appeared to have a severe facial injury.
Sentencing deferred
Defence counsel Gareth Jones KC said Mr McLelland was a man who stood 6’1″, weighed “the best part of 30 stones” and was in possession of a power tool and used it.
He said: “He said he used the knife to stab his brother in self defence to save his own life.
“He stopped when his brother let him go.”
The court heard Mr McLelland had returned to live in Scotland after staying in the north of England.
Following D’Arc’s conviction the jury heard he was previously jailed for eight months in 2005 for assault and sexual assault.
The trial judge, Lord Renucci, deferred sentence for the preparation of a background report.
He is due to be sentenced at the High Court in Stirling on July 25.
For more local court content visit our page or join us on Facebook.
