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Court shown footage of street brawl which proved fatal for Dundee man Brian Fox

The High Court in Edinburgh.
The High Court in Edinburgh.

Brian Fox was punched on the “upper body or the head” just seconds after crashing to the ground during a mass brawl which cost his life, a court has heard.

CCTV footage was shown on the second day of the trial against Wes Reid, 20, and Adam Valentine, 25, who face culpable homicide charges over the death of Mr Fox in the early hours of January 1.

The pair are also accused of a breach of the peace disorder and Valentine, of HMP Perth, faces a string of other assault charges said to have taken place in the late hours of December 31 last year and the early hours of New Year’s Day.

Reid and Valentine deny the charges, with Reid, of Newport Road, Tayport, claiming he acted in self defence.

Edinburgh High Court was shown CCTV footage from the night, as well as clothing seized by police from the respective homes of Reid and Valentine in the days following the incident.

Nike trainers taken while Reid was in custody between January 3 and 4 were also shown to the jury.

Acting Detective Sergeant Ian Borthwick identified the two men via their clothing in the footage.

The court was shown footage of Reid meeting up with Valentine and Shannon Sykes and drinking at the Boozy Cow, on Roseangle.

After that they headed towards the city centre, with Reid kicking over a bin near Groucho’s before they make it to the taxi rank near the Steeple Church.

The camera footage then showed a taxi driving up Union Street and quickly turning towards the taxi rank.

It braked sharply just before coming to Valentine and Reid, who were on the road.

A scuffle ensued with the driver door of the vehicle opening. The taxi eventually drove away.

It was around this point Mr Fox could be seen entering the frame, but not getting involved in the brawl.

Two people are then seen to fall to the ground, having been shoved by two men wearing similar clothing to Reid and Valentine, the court heard.

However, defence counsel Mark Stewart suggested that Valentine was actually being pushed as well and stumbled into the two people as a result.

Mr Borthwick said the people on the road remained “motionless” for some time.

A group formed near the two people on the road with more pushing and shoving occurring.

It was at this point Mr Fox approached the group and was knocked to the ground by a man wearing similar clothing as Reid.

Describing the footage to the court, Mr Borthwick said: “He (Reid) moves forward to Mr Fox with his forearms raised…outstretched at chest level. Mr Fox has fallen on to his back on to the road.

“A person (matching Valentine’s clothing) approaches Mr Fox while he is still on the ground and appears to punch him with his right hand around the chest area or near the head, but it is difficult to say as someone is in the way of the camera.”

When asked how long Mr Fox was on the ground before the man resembling Valentine lunges towards him, Mr Borthwick said: “Three seconds.”

Advocate Depute Mark McGuire asked: “What effort, if any, did they (Reid and Valentine) make to help the people on the ground?”

“None whatsoever,” Mr Borthwick answered.

The court was then shown footage of the Reid, Valentine and Ms Sykes heading down Couttie’s Wynd, towards Crichton Street and then through the city centre towards Seagate.

While there, the two men appearing to be Reid and Valentine walked arm in arm on the road.

Defence counsel for Reid, QC Donald Findlay highlighted the part of the camera footage showing Mr Fox fall to the ground.

He said: “What didn’t Mr Fox do?”

After some guidance, Mr Borthwick said: “He didn’t put his hands out to break his fall.”

Mr Findlay suggested this may have been because of the amount of alcohol in Mr Fox’s system, which a toxicology report states was 226mg per 100ml of urine, more than three times the drink drive limit.

Mr Findlay said that “tempers flared” with Reid when the taxi nearly struck him.

He added: “When people have had something to drink, they may not be the same person.”

The trial before Lord Beckett continues.