1 00:00:03,200 --> 00:00:05,360 You might ask yourselves, 2 00:00:05,360 --> 00:00:08,040 "Who, other than a murderer, 3 00:00:08,040 --> 00:00:09,840 "would conceal a body"? 4 00:00:10,920 --> 00:00:12,800 Who, other than a murderer, 5 00:00:12,800 --> 00:00:16,520 would want to conceal the cause of death? 6 00:00:16,520 --> 00:00:18,880 PHONE LINE RINGS 7 00:00:26,800 --> 00:00:29,600 At the end of all of the work you carried out, 8 00:00:29,600 --> 00:00:31,600 you would be unable to say whether 9 00:00:31,600 --> 00:00:33,720 this man had died a natural death, 10 00:00:33,720 --> 00:00:35,640 or an unnatural one. 11 00:00:35,640 --> 00:00:37,000 Yes, I can't say. 12 00:00:38,160 --> 00:00:39,680 Keep thinking to yourselves, 13 00:00:39,680 --> 00:00:41,960 "How can I say that this was murder"? 14 00:00:41,960 --> 00:00:44,760 When the prosecutor acknowledges he's got no evidence 15 00:00:44,760 --> 00:00:46,160 to show how the death occurred. 16 00:00:47,320 --> 00:00:49,520 Did you have a brother, Ean Coutts? 17 00:00:49,520 --> 00:00:51,360 Yes. 18 00:00:51,360 --> 00:00:55,640 I'm worried that, because they don't know how Ean died, 19 00:00:55,640 --> 00:00:58,640 that they might find him not guilty. 20 00:00:58,640 --> 00:01:00,480 The accused, David Barnes, 21 00:01:00,480 --> 00:01:03,240 sits in that dock, innocent, 22 00:01:03,240 --> 00:01:05,400 presumed innocent by our law. 23 00:01:07,760 --> 00:01:10,280 There is only one sentence for murder, 24 00:01:10,280 --> 00:01:12,400 and that is life in prison. 25 00:01:12,400 --> 00:01:16,000 If it's not proved that the accused assaulted and murdered Ean Coutts, 26 00:01:16,000 --> 00:01:17,760 then you must acquit. 27 00:01:17,760 --> 00:01:20,280 When you consider all of the evidence, 28 00:01:20,280 --> 00:01:22,520 I suggest that what will emerge 29 00:01:22,520 --> 00:01:26,000 is a compelling, convincing case 30 00:01:26,000 --> 00:01:28,720 in which you will find David Barnes 31 00:01:28,720 --> 00:01:30,360 guilty of the murder 32 00:01:30,360 --> 00:01:34,160 and guilty of attempting to defeat the ends of justice. 33 00:01:35,520 --> 00:01:39,880 Your verdict must not be based on speculation or guesswork. 34 00:01:40,920 --> 00:01:43,240 The only verdict open to you is one of murder. 35 00:01:44,280 --> 00:01:46,120 If it's not murder, 36 00:01:46,120 --> 00:01:47,520 it's nothing. 37 00:02:24,960 --> 00:02:27,760 This is a murder trial, and it involves the death 38 00:02:27,760 --> 00:02:30,040 of a man called Ean Coutts, 39 00:02:30,040 --> 00:02:35,040 who was last seen alive on the 2nd of September, 2019. 40 00:02:36,640 --> 00:02:40,760 The accused in this case, David Barnes, was someone 41 00:02:40,760 --> 00:02:43,040 who was known to Ean Coutts. 42 00:02:45,320 --> 00:02:50,320 I will suggest that David Barnes was responsible for the death, 43 00:02:50,320 --> 00:02:52,200 and he had a motive. 44 00:03:06,760 --> 00:03:09,000 The two biggest challenges in this case is, 45 00:03:09,000 --> 00:03:10,520 when did death occur, 46 00:03:10,520 --> 00:03:11,760 and how did death occur? 47 00:03:13,520 --> 00:03:17,160 I have to establish that death was as a result of murder. 48 00:03:20,360 --> 00:03:23,600 Our defence is that the accused is presumed innocent. 49 00:03:24,800 --> 00:03:26,800 Let the prosecutor prove otherwise. 50 00:03:28,640 --> 00:03:31,320 We are not seeking to establish the truth. 51 00:03:32,440 --> 00:03:35,200 A criminal trial is not about truth, it's about proof. 52 00:03:36,360 --> 00:03:39,320 The focus is whether the allegations made by the state 53 00:03:39,320 --> 00:03:41,880 against the citizen can be proved or not. 54 00:03:46,200 --> 00:03:47,600 You prove it. 55 00:03:49,280 --> 00:03:51,680 David Barnes, please take a seat. 56 00:03:54,080 --> 00:03:56,200 Because if you don't prove it, 57 00:03:56,200 --> 00:03:59,320 the law says David Barnes 58 00:03:59,320 --> 00:04:00,720 is an innocent man. 59 00:04:04,760 --> 00:04:06,000 Counsellor McSporran. 60 00:04:06,000 --> 00:04:08,440 My Lord, I appear on behalf of the panel, David Barnes. 61 00:04:08,440 --> 00:04:10,640 He pleads not guilty. OK. 62 00:04:18,280 --> 00:04:19,920 Now, ladies and gentlemen, 63 00:04:19,920 --> 00:04:23,680 because of the presumption of innocence and the burden of proof, 64 00:04:23,680 --> 00:04:26,640 the prosecution case goes first. 65 00:04:26,640 --> 00:04:29,080 Advocate Depute. Thank you, my Lord. 66 00:04:29,080 --> 00:04:32,080 The first witness for the Crown is James Fenton. 67 00:04:33,600 --> 00:04:36,560 OK. Raise your right hand. Take the oath. 68 00:04:36,560 --> 00:04:38,320 Repeat, after me, the following words. 69 00:04:38,320 --> 00:04:40,200 "I do solemnly and sincerely... 70 00:04:40,200 --> 00:04:41,840 "I do solemnly and sincerely... 71 00:04:41,840 --> 00:04:43,480 "..and truly... "..and truly... 72 00:04:43,480 --> 00:04:44,800 "..declare and affirm... 73 00:04:44,800 --> 00:04:47,040 "..declare and affirm... "..that I will tell the truth. 74 00:04:47,040 --> 00:04:48,400 "..that I will tell the truth... 75 00:04:48,400 --> 00:04:49,880 "..the whole truth... "..the whole truth... 76 00:04:49,880 --> 00:04:51,800 "..and nothing but the truth." "..nothing but the truth." 77 00:04:51,800 --> 00:04:53,800 OK. Advocate Depute. 78 00:04:58,960 --> 00:05:01,440 Do you have a hobby which involves 79 00:05:01,440 --> 00:05:04,800 visiting disused and abandoned properties? 80 00:05:04,800 --> 00:05:06,240 Yes. 81 00:05:06,240 --> 00:05:08,960 And do you just explore these buildings? Yeah. 82 00:05:08,960 --> 00:05:10,960 Do you take photographs? Yes. 83 00:05:12,080 --> 00:05:16,280 On the 27th of September, 2020, 84 00:05:16,280 --> 00:05:17,600 were you intending to go 85 00:05:17,600 --> 00:05:20,040 and explore Whitehill Industrial Estate? 86 00:05:20,040 --> 00:05:21,080 Yes. 87 00:05:21,080 --> 00:05:25,160 I'm going to play some drone footage I'd like you to watch. 88 00:05:30,000 --> 00:05:32,960 Do you recognise this as the Whitehill Industrial Estate? 89 00:05:32,960 --> 00:05:34,480 Yes. 90 00:05:34,480 --> 00:05:37,080 Did you enter one of these units? 91 00:05:38,160 --> 00:05:40,440 Yes, we'd been looking in... 92 00:05:40,440 --> 00:05:42,160 ..most of them. Right, OK. 93 00:05:46,000 --> 00:05:50,120 You see there what appears to be unit 99. 94 00:05:50,120 --> 00:05:52,280 Did you enter that part? 95 00:05:52,280 --> 00:05:53,960 Yes. 96 00:05:53,960 --> 00:05:55,800 Do you see, to the right, 97 00:05:55,800 --> 00:05:57,600 there's a small room? 98 00:05:58,760 --> 00:06:00,440 Yes. 99 00:06:00,440 --> 00:06:02,520 Did you go into that area? 100 00:06:02,520 --> 00:06:04,120 Yes. 101 00:06:04,120 --> 00:06:05,480 What did you find? 102 00:06:07,520 --> 00:06:10,760 At first, I thought it was just, like, animal bones. 103 00:06:11,760 --> 00:06:14,400 And then, I went in, and I had a bit of look, 104 00:06:14,400 --> 00:06:16,120 but there was stuff over the top... 105 00:06:17,440 --> 00:06:22,400 ..so I kicked, like, a wee black tray off the top there. 106 00:06:22,400 --> 00:06:25,120 And then, that's when I seen... 107 00:06:25,120 --> 00:06:26,360 ..like, a foot. 108 00:06:27,600 --> 00:06:30,480 And then, when I looked down further, 109 00:06:30,480 --> 00:06:34,240 you could see the back of the skull up the other end. 110 00:06:34,240 --> 00:06:37,000 It was when I noticed, like, the mummified skin 111 00:06:37,000 --> 00:06:38,480 on the back of the neck, 112 00:06:38,480 --> 00:06:40,280 and on the back of the ankle. 113 00:06:40,280 --> 00:06:43,000 My Lord, I propose to show a photograph of the remains - 114 00:06:43,000 --> 00:06:45,000 and I just give notice, ladies and gentlemen, 115 00:06:45,000 --> 00:06:46,600 as to what they're about to see. 116 00:06:46,600 --> 00:06:48,960 I take it you've selected the... 117 00:06:48,960 --> 00:06:51,200 It's for information, rather than... 118 00:06:51,200 --> 00:06:52,760 It is. ..the shock? 119 00:06:52,760 --> 00:06:55,080 Considered carefully whether it's necessary, 120 00:06:55,080 --> 00:06:56,920 and how often it should be done. 121 00:06:56,920 --> 00:06:59,200 OK. Advocate Depute, when you're ready. 122 00:07:03,760 --> 00:07:06,200 And is that what you saw on that occasion? 123 00:07:06,200 --> 00:07:07,360 Yes. 124 00:07:08,560 --> 00:07:10,280 Thank you. Could we take that off, please? 125 00:07:11,920 --> 00:07:14,280 Having discovered the remains, 126 00:07:14,280 --> 00:07:15,680 did you phone the police... 127 00:07:15,680 --> 00:07:18,640 Yes. ..and tell them what you'd found? 128 00:07:18,640 --> 00:07:19,840 Yes. 129 00:07:34,720 --> 00:07:38,320 I had never been to this area before I was called out to the scene. 130 00:07:39,600 --> 00:07:41,800 It was an area that had just been completely neglected 131 00:07:41,800 --> 00:07:43,760 for many, many years. 132 00:07:43,760 --> 00:07:46,520 And this individual had been callously dumped. 133 00:07:47,880 --> 00:07:51,200 It was a pretty sad scene, to be honest. 134 00:07:51,200 --> 00:07:52,640 Certainly not where you want 135 00:07:52,640 --> 00:07:54,880 your loved one's final resting place to be. 136 00:07:58,160 --> 00:07:59,920 Pretty much looks the same as it did 137 00:07:59,920 --> 00:08:01,720 on the day that I first came here. 138 00:08:02,760 --> 00:08:05,360 Dumping ground for those that choose to fly-tip. 139 00:08:06,880 --> 00:08:09,200 There's old sofas and fridges, 140 00:08:09,200 --> 00:08:12,000 and parts of cars, and everything here. 141 00:08:14,280 --> 00:08:16,040 You were thinking, "Why? 142 00:08:17,040 --> 00:08:18,440 "Why have you ended up here? 143 00:08:19,840 --> 00:08:21,120 "Why have you died? 144 00:08:21,120 --> 00:08:23,680 "And why are you in Whitehill Industrial Estate?" 145 00:08:30,720 --> 00:08:33,240 It was just lying from head at the left, 146 00:08:33,240 --> 00:08:35,720 and feet propped up against the wall on the right there. 147 00:08:37,680 --> 00:08:40,080 When I saw the remains, my first thought was, 148 00:08:40,080 --> 00:08:43,520 there was no remnants of clothing, really, other than one shoe. 149 00:08:43,520 --> 00:08:45,760 And it was quite clear to me, and to others, 150 00:08:45,760 --> 00:08:48,360 that there was something suspicious around this death. 151 00:08:51,400 --> 00:08:53,920 The first big question in my mind was, 152 00:08:53,920 --> 00:08:55,440 "Who is this person?" 153 00:08:58,240 --> 00:09:00,880 We really couldn't take the case any further forward 154 00:09:00,880 --> 00:09:02,880 until we identified who the person was. 155 00:09:07,080 --> 00:09:08,640 Advocate Depute. 156 00:09:08,640 --> 00:09:10,200 Thank you, my Lord. 157 00:09:10,200 --> 00:09:13,200 The next witness is Detective Sergeant Scott Roxburgh. 158 00:09:16,840 --> 00:09:19,680 Were you deployed as the crime scene manager 159 00:09:19,680 --> 00:09:22,120 in connection with human remains discovered 160 00:09:22,120 --> 00:09:24,920 at Whitehill Industrial Estate, Glenrothes? 161 00:09:24,920 --> 00:09:26,640 I was, yes. 162 00:09:26,640 --> 00:09:28,760 Was one of the first objectives 163 00:09:28,760 --> 00:09:33,200 to discover the identity of the remains? 164 00:09:33,200 --> 00:09:34,600 Yes, it was, yes. 165 00:09:34,600 --> 00:09:38,720 Did that involve specialists with skills in facial reconstruction? 166 00:09:38,720 --> 00:09:40,120 It did, yes. 167 00:09:40,120 --> 00:09:42,720 Was it possible to create an image 168 00:09:42,720 --> 00:09:46,040 as to how this person might have looked in life? 169 00:09:46,040 --> 00:09:47,240 It was, yes. 170 00:09:47,240 --> 00:09:50,800 And I've put on the screen production number 14. 171 00:09:50,800 --> 00:09:53,880 And is that the image that was created? 172 00:09:53,880 --> 00:09:56,120 Yes, that's the image that was created, yes. 173 00:10:00,480 --> 00:10:01,880 When you see the person, 174 00:10:01,880 --> 00:10:03,560 you can see their eyes. 175 00:10:03,560 --> 00:10:05,920 You can see what they would've looked like. 176 00:10:05,920 --> 00:10:08,280 It certainly makes things a lot more real. 177 00:10:08,280 --> 00:10:11,800 You then start to ask yourself who he is. 178 00:10:11,800 --> 00:10:14,080 "Does he have family? 179 00:10:14,080 --> 00:10:16,200 "Are his parents still alive? 180 00:10:16,200 --> 00:10:17,680 "Has he got children?" 181 00:10:18,920 --> 00:10:21,680 You're just desperate for information. 182 00:10:24,040 --> 00:10:26,120 We all thought there was a good chance that this person's 183 00:10:26,120 --> 00:10:28,680 going to be on the DNA database, 184 00:10:28,680 --> 00:10:30,280 but that wasn't the case. 185 00:10:30,280 --> 00:10:32,360 We searched the missing person database. 186 00:10:32,360 --> 00:10:33,600 Didn't get any hits. 187 00:10:33,600 --> 00:10:37,000 So, we looked at known homeless individuals that were known 188 00:10:37,000 --> 00:10:39,520 to sleep rough in the local area. 189 00:10:39,520 --> 00:10:42,320 But we didn't seem to be getting any breaks whatsoever, 190 00:10:42,320 --> 00:10:43,960 no matter how hard we tried. 191 00:10:45,200 --> 00:10:48,880 The image was released to the media by the DCI. 192 00:10:48,880 --> 00:10:50,520 Our enquiries, up to this point, 193 00:10:50,520 --> 00:10:52,640 have been unable to identify this man, 194 00:10:52,640 --> 00:10:54,400 and we know that he was 195 00:10:54,400 --> 00:10:56,400 at least 35 years of age. 196 00:10:56,400 --> 00:10:59,200 This man may have been a father, may have been a brother. 197 00:10:59,200 --> 00:11:01,440 He may have been an uncle. 198 00:11:01,440 --> 00:11:05,240 My hope is that the family will recognise the man 199 00:11:05,240 --> 00:11:07,160 and be able to provide us with information 200 00:11:07,160 --> 00:11:09,160 that will assist in identifying him. 201 00:11:09,160 --> 00:11:11,640 It was only after a few hours of that going out that 202 00:11:11,640 --> 00:11:13,440 a call came in to the incident room, 203 00:11:13,440 --> 00:11:15,120 a member of Fife Council, 204 00:11:15,120 --> 00:11:17,000 which said that she thought that the image 205 00:11:17,000 --> 00:11:18,840 that had been put out in the media 206 00:11:18,840 --> 00:11:20,600 resembled that of Ean Coutts. 207 00:11:25,280 --> 00:11:28,520 And she provided a bit of context around that, 208 00:11:28,520 --> 00:11:33,120 with regards to Ean Coutts' council house having been abandoned, 209 00:11:33,120 --> 00:11:36,240 which was near to where the remains were found in Kinglassie. 210 00:11:37,280 --> 00:11:39,080 And from that point on, 211 00:11:39,080 --> 00:11:41,760 the investigation really, really gathered pace. 212 00:11:43,520 --> 00:11:46,320 There was a matter of agreement that the remains 213 00:11:46,320 --> 00:11:48,520 are those of a Mr Ean Coutts, 214 00:11:48,520 --> 00:11:52,640 last seen, in person, on the 2nd September, 2019, 215 00:11:52,640 --> 00:11:57,600 and remains found on the 27th of September, 2020. 216 00:11:57,600 --> 00:12:00,360 Is that correct? Yes, that's correct. 217 00:12:00,360 --> 00:12:01,960 All right, thank you very much. 218 00:12:05,480 --> 00:12:07,560 I remember seeing on the news 219 00:12:07,560 --> 00:12:10,240 that remains had been found in Glenrothes. 220 00:12:12,800 --> 00:12:14,120 Never, for one minute, 221 00:12:14,120 --> 00:12:16,040 thinking it would be my brother. 222 00:12:17,760 --> 00:12:19,480 But it was Ean. 223 00:12:23,080 --> 00:12:24,960 He was the oldest of the family. 224 00:12:24,960 --> 00:12:26,600 There was ten years between us. 225 00:12:26,600 --> 00:12:28,440 I was the baby. 226 00:12:28,440 --> 00:12:29,840 Ean as a wee boy. 227 00:12:31,040 --> 00:12:34,640 And it looks like my mum's gave him a really bad haircut. 228 00:12:34,640 --> 00:12:37,080 SHE CHUCKLES 229 00:12:37,080 --> 00:12:40,120 Growing up, Ean was a bit of a cheeky chappy. 230 00:12:40,120 --> 00:12:41,680 Always in a wee bit of bother. 231 00:12:42,840 --> 00:12:47,080 When Ean was 16, he left the house 232 00:12:47,080 --> 00:12:49,040 to join the Army. 233 00:12:49,040 --> 00:12:50,920 I was only six at the time. 234 00:12:50,920 --> 00:12:54,080 Looking back, I think he struggled when he came out of the Army, 235 00:12:54,080 --> 00:12:56,360 getting used to civilian life. 236 00:12:57,440 --> 00:13:00,520 And there was probably a lot more going on behind the scenes 237 00:13:00,520 --> 00:13:02,840 that we just didnae pick up on. 238 00:13:05,320 --> 00:13:07,040 But, just like a lot of families do, 239 00:13:07,040 --> 00:13:08,720 you just, you grow apart, 240 00:13:08,720 --> 00:13:10,600 you lead different lives. 241 00:13:10,600 --> 00:13:12,440 You have kids, you move away. 242 00:13:12,440 --> 00:13:15,480 And that's what happened to me and Ean. 243 00:13:15,480 --> 00:13:17,800 But we were still brother and sister, 244 00:13:17,800 --> 00:13:18,920 and we still loved each other. 245 00:13:20,160 --> 00:13:22,600 He was just a nice, simple man 246 00:13:22,600 --> 00:13:26,120 that wouldnae do anybody any harm whatsoever. 247 00:13:27,960 --> 00:13:31,040 He lived in a nice, wee, peaceful area. 248 00:13:31,040 --> 00:13:32,680 And the thought of, like, 249 00:13:32,680 --> 00:13:36,360 "Who could've done that to you and why would they have done that?" 250 00:13:38,520 --> 00:13:42,640 In my head, there was nothing to gain from doing that to Ean. 251 00:13:42,640 --> 00:13:43,880 Nothing. 252 00:13:43,880 --> 00:13:46,280 He was just a simple man living a simple life. 253 00:13:47,920 --> 00:13:49,720 And that got took away from him. 254 00:13:56,200 --> 00:13:58,120 The next witness is Audrey Reid. 255 00:14:08,360 --> 00:14:10,240 Could we put the computer on, please? 256 00:14:11,440 --> 00:14:15,720 Do you recognise that as a picture of Ean? 257 00:14:15,720 --> 00:14:17,120 Yes. 258 00:14:17,120 --> 00:14:19,200 Is Ean the person sitting next to the table 259 00:14:19,200 --> 00:14:20,760 with his arms outstretched? Yes. 260 00:14:22,240 --> 00:14:25,600 When was the last time you saw Ean Coutts? 261 00:14:27,200 --> 00:14:30,080 Erm, quite a few years ago. 262 00:14:30,080 --> 00:14:32,400 Round about 2018. 263 00:14:32,400 --> 00:14:34,960 As of 2018, 264 00:14:34,960 --> 00:14:37,880 when was the time prior to that 265 00:14:37,880 --> 00:14:39,400 that you'd been in touch with him? 266 00:14:40,600 --> 00:14:41,920 I couldn't say. Right. 267 00:14:41,920 --> 00:14:43,760 But should we understand, then, 268 00:14:43,760 --> 00:14:46,840 that you were not in constant contact with him... No. 269 00:14:46,840 --> 00:14:49,120 ..or he with you... No. ..is that correct? 270 00:14:49,120 --> 00:14:50,600 Now... 271 00:14:50,600 --> 00:14:52,680 ..in 2019, 272 00:14:52,680 --> 00:14:54,080 I don't need an address, 273 00:14:54,080 --> 00:14:55,960 but where were you living? 274 00:14:56,960 --> 00:14:58,320 Er, near Montrose... 275 00:14:58,320 --> 00:15:00,560 Near Montrose. ..in Angus. Right. 276 00:15:00,560 --> 00:15:04,120 Were you residing in England in 2019? 277 00:15:04,120 --> 00:15:06,080 No. No. 278 00:15:11,520 --> 00:15:14,800 There is an element of theatre in a trial. 279 00:15:14,800 --> 00:15:16,280 Some evidence will be led 280 00:15:16,280 --> 00:15:19,520 which might not seem important at the time, 281 00:15:19,520 --> 00:15:23,880 but will have relevance to evidence led later in the case. 282 00:15:23,880 --> 00:15:30,000 Was there any other sister of Ean's residing in England in 2019? 283 00:15:30,000 --> 00:15:31,480 No. 284 00:15:31,480 --> 00:15:33,040 No. OK. 285 00:15:33,040 --> 00:15:34,640 Thank you. 286 00:15:38,480 --> 00:15:40,400 Was he married at one point? 287 00:15:40,400 --> 00:15:42,400 He was. And did he have children? 288 00:15:42,400 --> 00:15:43,760 Yes. Three children. 289 00:15:43,760 --> 00:15:45,000 Three children. Right. 290 00:15:48,240 --> 00:15:51,400 Would it be fair to say, for various reasons, you had drifted apart? 291 00:15:51,400 --> 00:15:52,840 Yes. Yes. 292 00:15:54,840 --> 00:15:58,360 My mum was married to our dad for ten-plus years... 293 00:15:59,400 --> 00:16:02,520 ..and the dynamics and the relationship, it just broke down. 294 00:16:03,720 --> 00:16:08,320 So my mum felt it best that, you know, we were to leave. 295 00:16:08,320 --> 00:16:10,200 How old were you? You were...? 296 00:16:10,200 --> 00:16:11,640 I think about five to six. 297 00:16:11,640 --> 00:16:12,880 That was it. 298 00:16:12,880 --> 00:16:14,200 And I was about two, two and a half. 299 00:16:14,200 --> 00:16:16,040 Yeah. Moved down to Colchester. Yeah. 300 00:16:16,040 --> 00:16:17,760 I remember leaving that day. 301 00:16:17,760 --> 00:16:21,280 We saw him, then, and then didn't see him again until I was an adult. 302 00:16:21,280 --> 00:16:24,080 I think we tried to sort of form a bond again, didn't we? 303 00:16:24,080 --> 00:16:26,160 But it was... It was quite difficult. 304 00:16:26,160 --> 00:16:27,840 It was complicated. Yeah. 305 00:16:27,840 --> 00:16:31,080 And, yeah, then we haven't seen him for, like, ten years or 11 years 306 00:16:31,080 --> 00:16:33,160 until, obviously, we got this phone call. 307 00:16:34,240 --> 00:16:37,400 I just wanted to be here because he was still our dad, 308 00:16:37,400 --> 00:16:40,400 and he really died in an undignified way. 309 00:16:41,360 --> 00:16:44,400 You kind of almost feel a sense of guilt, in a way, 310 00:16:44,400 --> 00:16:46,240 because we were estranged. 311 00:16:46,240 --> 00:16:47,480 But he was still our dad, 312 00:16:47,480 --> 00:16:50,200 and there's still a lot of feelings there. 313 00:16:52,840 --> 00:16:55,080 You know, we could have had that chance 314 00:16:55,080 --> 00:16:56,880 to get back in contact with him, 315 00:16:56,880 --> 00:16:59,800 but the fact that someone's taken that chance away 316 00:16:59,800 --> 00:17:02,720 for us to ever be able to reconnect with him... 317 00:17:03,720 --> 00:17:06,600 I think that was quite gut-wrenching. Mm. 318 00:17:12,320 --> 00:17:14,040 Advocate Depute. Thank you, my lord. 319 00:17:14,040 --> 00:17:16,680 The next witness is Kerryanne Shearer. 320 00:17:16,680 --> 00:17:19,000 Dr Shearer is a pathologist. 321 00:17:26,880 --> 00:17:30,040 And what is meant by the term "forensic pathologist"? 322 00:17:31,080 --> 00:17:33,040 A forensic pathologist is 323 00:17:33,040 --> 00:17:37,680 a pathologist who looks to ascertain the cause of death 324 00:17:37,680 --> 00:17:39,200 in cases. 325 00:17:39,200 --> 00:17:41,920 In broad terms, just describe how you went about 326 00:17:41,920 --> 00:17:44,640 your task with these remains. 327 00:17:44,640 --> 00:17:46,240 So this is a... 328 00:17:46,240 --> 00:17:48,760 This was a very difficult and complicated case, 329 00:17:48,760 --> 00:17:51,560 trying to determine how long the skeleton 330 00:17:51,560 --> 00:17:53,040 had been at the scene, 331 00:17:53,040 --> 00:17:56,000 and is this is where this person was killed, 332 00:17:56,000 --> 00:17:57,640 or had they been killed 333 00:17:57,640 --> 00:17:59,720 somewhere else and brought to this scene? 334 00:17:59,720 --> 00:18:02,800 The body underwent a full CT examination 335 00:18:02,800 --> 00:18:05,440 at the time of the postmortem. 336 00:18:05,440 --> 00:18:07,400 Were you able to ascertain 337 00:18:07,400 --> 00:18:09,560 a cause of death in this case? 338 00:18:11,000 --> 00:18:13,200 I wasn't. No. 339 00:18:13,200 --> 00:18:16,240 Could you turn to page four, please? 340 00:18:17,400 --> 00:18:20,080 Could you read that for us, please? 341 00:18:20,080 --> 00:18:23,760 The general absence of skin and soft tissue, 342 00:18:23,760 --> 00:18:25,680 in addition to no chest 343 00:18:25,680 --> 00:18:28,360 or abdominal organs being present, 344 00:18:28,360 --> 00:18:30,920 makes it impossible to ascertain 345 00:18:30,920 --> 00:18:32,880 the cause of death in this case. 346 00:18:35,640 --> 00:18:38,400 But notably, there was evidence 347 00:18:38,400 --> 00:18:41,760 of charring to a number of different areas 348 00:18:41,760 --> 00:18:43,720 of soft tissue and bone. 349 00:18:45,320 --> 00:18:48,200 So, would one possible explanation for the charring 350 00:18:48,200 --> 00:18:51,640 be that someone attempted to set fire to the skeleton? 351 00:18:52,800 --> 00:18:53,960 Yes. 352 00:18:55,360 --> 00:18:57,120 All right. Thank you very much. 353 00:18:59,400 --> 00:19:01,840 The question of how death was caused 354 00:19:01,840 --> 00:19:04,560 is absolutely fundamental to this case. 355 00:19:04,560 --> 00:19:09,200 The question which the pathologist wants to answer in every case 356 00:19:09,200 --> 00:19:10,680 was not answered here. 357 00:19:12,120 --> 00:19:14,960 If the prosecutor doesn't know how they died, 358 00:19:14,960 --> 00:19:20,400 and the very best medical scientific evidence can't say how they died, 359 00:19:20,400 --> 00:19:24,920 then how can the prosecution prove that he was murdered, 360 00:19:24,920 --> 00:19:27,400 and murdered by David Barnes? 361 00:19:27,400 --> 00:19:29,440 And I say, "They can't." 362 00:19:29,440 --> 00:19:31,920 And that's the focus of my attack. 363 00:19:34,200 --> 00:19:37,520 Dr Shearer, you will very rarely find yourself 364 00:19:37,520 --> 00:19:40,440 unable to ascertain a cause of death. 365 00:19:40,440 --> 00:19:42,000 Is that fair to say? 366 00:19:42,000 --> 00:19:43,640 Absolutely, yes. 367 00:19:43,640 --> 00:19:46,000 We always want to find a cause of death. 368 00:19:46,000 --> 00:19:49,160 But at the end of all of the work you carried out 369 00:19:49,160 --> 00:19:52,400 and all of the expertise you brought to bear, 370 00:19:52,400 --> 00:19:54,240 you would be unable to say 371 00:19:54,240 --> 00:19:56,080 whether this man had died 372 00:19:56,080 --> 00:19:57,960 a natural death or an unnatural one. 373 00:19:59,320 --> 00:20:00,840 Yes, I can't say. 374 00:20:03,880 --> 00:20:07,440 I say there's a gap created 375 00:20:07,440 --> 00:20:09,200 by the pathologist's evidence. 376 00:20:09,200 --> 00:20:13,520 It's a gap which covers the fundamental question in the case - 377 00:20:13,520 --> 00:20:17,520 when, where and how and by whom... 378 00:20:18,560 --> 00:20:20,400 ..was Ean Coutts murdered? 379 00:20:21,600 --> 00:20:24,480 And if you can't answer the when, where and how, 380 00:20:24,480 --> 00:20:27,080 you don't get to ask the question, "By whom?" 381 00:20:28,600 --> 00:20:30,800 And that's the gap. 382 00:20:30,800 --> 00:20:33,320 That's where the story breaks down. 383 00:20:34,440 --> 00:20:36,840 It is a pretty fundamental point 384 00:20:36,840 --> 00:20:38,480 which I have to exploit. 385 00:20:42,680 --> 00:20:44,120 Advocate Depute. 386 00:20:44,120 --> 00:20:46,880 Thank you, my lord. The next witness is Valerie Henderson. 387 00:20:48,200 --> 00:20:50,960 This is what we term a circumstantial case. 388 00:20:52,800 --> 00:20:55,080 I don't have direct evidence 389 00:20:55,080 --> 00:20:57,120 of what occurred to Ean Coutts 390 00:20:57,120 --> 00:20:58,920 that led to his death, 391 00:20:58,920 --> 00:21:03,720 so the task is to build a case on the surrounding circumstances, 392 00:21:03,720 --> 00:21:05,560 which would start with evidence 393 00:21:05,560 --> 00:21:08,480 of why someone would want to harm Ean Coutts. 394 00:21:09,920 --> 00:21:12,800 What was your role in 2019? 395 00:21:12,800 --> 00:21:15,880 OK, so people claiming benefits... 396 00:21:17,840 --> 00:21:19,040 ..Universal Credit, 397 00:21:19,040 --> 00:21:21,040 would be allocated to work coaches 398 00:21:21,040 --> 00:21:24,000 and we would try and help them look for work. 399 00:21:24,000 --> 00:21:26,320 Did that involve someone called Ean Coutts? 400 00:21:26,320 --> 00:21:27,520 Yes. 401 00:21:27,520 --> 00:21:31,720 Now, could you have before you, please, Crown Production 42? 402 00:21:33,360 --> 00:21:37,480 Yes. This is... This is his Universal Credit records. Yeah. 403 00:21:38,480 --> 00:21:41,600 But on the 27th of August, 2019, was it...? 404 00:21:41,600 --> 00:21:44,200 Would it be right to say he was due to receive 405 00:21:44,200 --> 00:21:46,080 quite a bit of back money? Yes. 406 00:21:46,080 --> 00:21:49,560 £2,017.76 to be paid. Yes. 407 00:21:49,560 --> 00:21:51,920 So he would get that as benefit. Yes. 408 00:21:51,920 --> 00:21:53,720 So, in August of 2019, 409 00:21:53,720 --> 00:21:56,400 he was going to be a bit more flush 410 00:21:56,400 --> 00:21:58,360 with money than he would normally be. 411 00:21:58,360 --> 00:21:59,880 Would that be accurate? Yes. 412 00:21:59,880 --> 00:22:01,080 All right. 413 00:22:01,080 --> 00:22:02,520 Thank you very much. 414 00:22:04,000 --> 00:22:05,600 Mr Maxwell. 415 00:22:05,600 --> 00:22:08,080 I have no cross-examination. Thank you. Thank you. 416 00:22:12,080 --> 00:22:13,200 The prosecution may say 417 00:22:13,200 --> 00:22:15,920 there's clear evidence of a motive for murder. 418 00:22:16,960 --> 00:22:19,160 It doesn't make sense to me. 419 00:22:19,160 --> 00:22:22,000 I would hope the jury would ask themselves the question, 420 00:22:22,000 --> 00:22:26,960 "Would someone really murder another human being for that sum of money?" 421 00:22:26,960 --> 00:22:29,280 If the jury don't accept that, 422 00:22:29,280 --> 00:22:30,880 the risk the prosecutor runs 423 00:22:30,880 --> 00:22:33,520 is that he weakens his case for the murder 424 00:22:33,520 --> 00:22:36,080 by...by pinning his case on a motive. 425 00:22:38,840 --> 00:22:40,920 OK. Right. Ladies and gentlemen, we will adjourn now, 426 00:22:40,920 --> 00:22:43,280 and we'll see you tomorrow, sharp, at ten o'clock. 427 00:22:58,360 --> 00:23:00,640 Once we'd identified Ean, 428 00:23:00,640 --> 00:23:02,680 it was really, really important 429 00:23:02,680 --> 00:23:04,320 to gather all the victimology. 430 00:23:04,320 --> 00:23:06,600 So, who is the victim? 431 00:23:06,600 --> 00:23:08,840 How do they lead their life? 432 00:23:08,840 --> 00:23:10,280 What do they do? 433 00:23:10,280 --> 00:23:12,120 What do they spend their money on? 434 00:23:14,320 --> 00:23:16,520 Nobody had a bad word to say about Ean, 435 00:23:16,520 --> 00:23:18,840 you know, and he was just generally known for being 436 00:23:18,840 --> 00:23:21,880 a cheery, jovial chap about the village. 437 00:23:21,880 --> 00:23:23,360 He was a man of routine - 438 00:23:23,360 --> 00:23:26,760 went to the same shops at the same time on the same day of the week. 439 00:23:27,800 --> 00:23:29,840 We looked at his finances, for example. 440 00:23:29,840 --> 00:23:33,440 He spent his money in the same pattern for a number of years, 441 00:23:33,440 --> 00:23:36,480 and it was quite clear that, after September 2019, 442 00:23:36,480 --> 00:23:38,360 there was a complete change 443 00:23:38,360 --> 00:23:40,320 in that pattern of spending. 444 00:23:41,920 --> 00:23:44,400 His house is just up here on the right-hand side. 445 00:23:48,320 --> 00:23:49,800 Ean stayed in a, 446 00:23:49,800 --> 00:23:51,280 what's typically known as a, 447 00:23:51,280 --> 00:23:52,840 four in a block, and neighbours, 448 00:23:52,840 --> 00:23:56,560 both upstairs through the wall and diagonally upstairs from him, 449 00:23:56,560 --> 00:23:59,400 were all able to provide little bits of evidence. 450 00:23:59,400 --> 00:24:01,240 And it was quite clear that 451 00:24:01,240 --> 00:24:05,120 there was a very close association with David Barnes, 452 00:24:05,120 --> 00:24:09,520 and that he was doing some decorating work for Ean in the flat. 453 00:24:19,440 --> 00:24:21,640 So, that's Ean's front door right in front of me. 454 00:24:24,560 --> 00:24:26,360 The upstairs neighbours, 455 00:24:26,360 --> 00:24:28,960 they turned out to be really significant witnesses. 456 00:24:44,520 --> 00:24:45,600 Advocate Depute. 457 00:24:45,600 --> 00:24:48,600 Thank you, my lord. The next witness is Kevin O'Donohue. 458 00:24:57,280 --> 00:24:59,240 Can we put the screen on? 459 00:24:59,240 --> 00:25:00,840 Label 51. 460 00:25:02,000 --> 00:25:03,480 Do you recognise that as 461 00:25:03,480 --> 00:25:06,560 Main Street, Kinglassie, in the block of flats? 462 00:25:06,560 --> 00:25:07,600 Yes. 463 00:25:07,600 --> 00:25:10,440 Is that the entrance to Ean's property? Yes. 464 00:25:10,440 --> 00:25:13,040 And the entrance to mine is the side. 465 00:25:13,040 --> 00:25:14,800 That's it. That's my entrance. Yes. 466 00:25:16,240 --> 00:25:20,160 Did you get to know Ean Coutts reasonably well as a neighbour? 467 00:25:20,160 --> 00:25:22,840 Yeah. He was always out in his garden weeding 468 00:25:22,840 --> 00:25:25,680 and, any time I would see him, he'd say hello. 469 00:25:25,680 --> 00:25:29,760 Were you aware of work being undertaken in his flat? 470 00:25:29,760 --> 00:25:32,680 From memory, I think he was having a bathroom, 471 00:25:32,680 --> 00:25:35,160 a new bathroom, fitted 472 00:25:35,160 --> 00:25:37,160 or flooring even. 473 00:25:37,160 --> 00:25:40,840 And was that around the time he went missing? Yes. It was. Yes. 474 00:25:40,840 --> 00:25:44,000 Did you see the workman attending... Yes. ..for that purpose? Yes. 475 00:25:45,360 --> 00:25:49,600 Did you ever speak to the workman about where Ean was? 476 00:25:49,600 --> 00:25:51,400 Yes. 477 00:25:51,400 --> 00:25:55,080 Could you have, before you, Crown Production 179? 478 00:25:56,640 --> 00:25:58,480 Thank you. I'll just read it to you. 479 00:25:58,480 --> 00:26:01,840 "The next time I saw the workman at the house, 480 00:26:01,840 --> 00:26:05,200 "he told me Ean definitely wasn't coming back 481 00:26:05,200 --> 00:26:07,200 "as he was going to live 482 00:26:07,200 --> 00:26:09,160 "with his sister in England." 483 00:26:10,320 --> 00:26:12,240 Is that what it says in the statement? 484 00:26:12,240 --> 00:26:13,600 It does say that, yes. 485 00:26:16,200 --> 00:26:19,760 Did something happen involving your wheelie bin? 486 00:26:19,760 --> 00:26:21,200 It did. Yes. 487 00:26:21,200 --> 00:26:24,440 And this was obviously the time he went missing, 488 00:26:24,440 --> 00:26:26,120 Ean went missing. 489 00:26:26,120 --> 00:26:28,360 I saw the guy who was doing the work 490 00:26:28,360 --> 00:26:31,280 putting a bin in the back of his car. 491 00:26:31,280 --> 00:26:32,880 What type of car was it? 492 00:26:32,880 --> 00:26:34,280 It was... 493 00:26:34,280 --> 00:26:36,440 ..a silver Volkswagen Golf. 494 00:26:36,440 --> 00:26:38,400 Could you put the screen on, please? 495 00:26:38,400 --> 00:26:40,040 Photograph number one. 496 00:26:41,440 --> 00:26:44,960 Does that look like the car... Yes. ..that you saw? 497 00:26:44,960 --> 00:26:46,640 Did you take that photograph? 498 00:26:46,640 --> 00:26:48,280 No, my wife did. 499 00:26:49,560 --> 00:26:52,920 Just tell us what you saw happen. 500 00:26:52,920 --> 00:26:54,240 He was... 501 00:26:54,240 --> 00:26:56,920 He was actually putting the bin in the... 502 00:26:56,920 --> 00:26:59,520 You know, through the through the back, through the boot. 503 00:26:59,520 --> 00:27:01,040 Did you form the impression 504 00:27:01,040 --> 00:27:03,040 that there was something heavy in the bin? 505 00:27:04,000 --> 00:27:05,720 Heavier than an empty bin. Yes. 506 00:27:06,800 --> 00:27:09,920 As a consequence of that, did you send a text message? 507 00:27:09,920 --> 00:27:11,240 Yes, I did. 508 00:27:11,240 --> 00:27:13,680 I sent it the day after, to Ean, 509 00:27:13,680 --> 00:27:16,480 asking, like, "Why is the guy taking my bin?" 510 00:27:17,440 --> 00:27:19,200 So... 511 00:27:19,200 --> 00:27:23,320 ..if the date there is Wednesday, 4th September 2019, 512 00:27:23,320 --> 00:27:27,200 "yesterday" would be the 3rd of September 2019. 513 00:27:27,200 --> 00:27:30,040 Do you agree? Yes. So that must... Yes. Was that when it happened? 514 00:27:30,040 --> 00:27:31,080 OK. 515 00:27:33,920 --> 00:27:35,000 Have you ever been to 516 00:27:35,000 --> 00:27:37,480 Whitehill Industrial Estate in Glenrothes? 517 00:27:37,480 --> 00:27:38,520 No. 518 00:27:38,520 --> 00:27:41,840 Have you ever gone into any of the disused units? 519 00:27:41,840 --> 00:27:43,000 Absolutely not. No. 520 00:27:44,560 --> 00:27:48,160 Could you look, please, at Crown Production Number 24? 521 00:27:50,680 --> 00:27:52,360 Is that a part of a letter 522 00:27:52,360 --> 00:27:55,000 which you had received at some point? 523 00:27:55,000 --> 00:27:57,400 Yeah, it's basically my overdraft. 524 00:27:57,400 --> 00:28:00,200 And ultimately, did you discard that letter 525 00:28:00,200 --> 00:28:01,960 in your grey bin? Yes. Right. 526 00:28:03,000 --> 00:28:05,360 Was that the grey bin that you saw the workman with? 527 00:28:05,360 --> 00:28:07,120 Yes. Yes. 528 00:28:07,120 --> 00:28:10,280 If this piece of paper was found... 529 00:28:11,520 --> 00:28:13,720 ..at Whitehill Industrial Estate, 530 00:28:13,720 --> 00:28:16,240 could you offer any explanation as to how it got there? 531 00:28:16,240 --> 00:28:17,520 Not by myself, no. 532 00:28:17,520 --> 00:28:19,040 Not by yourself? No. 533 00:28:19,040 --> 00:28:20,320 Thank you. 534 00:28:24,600 --> 00:28:26,080 Could you describe the person 535 00:28:26,080 --> 00:28:28,400 who was trying to get the bin into the back of the car? 536 00:28:29,520 --> 00:28:32,480 Kind of tall-ish, slim-ish build. 537 00:28:33,640 --> 00:28:35,640 Could you look round the court 538 00:28:35,640 --> 00:28:38,360 and tell me if you see anyone who resembles him? 539 00:28:46,760 --> 00:28:48,600 No. 540 00:28:48,600 --> 00:28:49,720 No, I can't. 541 00:28:49,720 --> 00:28:50,920 No. 542 00:28:52,440 --> 00:28:54,160 All right. Thank you. 543 00:28:58,240 --> 00:29:02,320 Had Mr O'Donohue identified the accused as the man he saw, 544 00:29:02,320 --> 00:29:04,760 that would have absolutely cemented the case 545 00:29:04,760 --> 00:29:07,040 because our case is that 546 00:29:07,040 --> 00:29:08,760 Ean Coutts was in that wheelie bin 547 00:29:08,760 --> 00:29:12,000 and that David Barnes was responsible for the murder... 548 00:29:13,640 --> 00:29:16,720 ..so I have to think about other means of making that link. 549 00:29:18,280 --> 00:29:19,880 Advocate Depute. Thank you, my lord. 550 00:29:19,880 --> 00:29:22,440 The next witness is Crown Witness Number 18, 551 00:29:22,440 --> 00:29:24,400 and I understand the arrangements are in place. 552 00:29:24,400 --> 00:29:25,800 Yeah, and it's a live link, isn't it? 553 00:29:25,800 --> 00:29:27,080 A live link, yes. Yeah. 554 00:29:31,560 --> 00:29:33,680 OK. Can you see and hear me OK? 555 00:29:34,760 --> 00:29:35,800 Yes. 556 00:29:37,680 --> 00:29:39,120 Were you in a relationship 557 00:29:39,120 --> 00:29:42,120 with a man by the name of David Barnes? 558 00:29:42,120 --> 00:29:43,240 Yes. 559 00:29:44,240 --> 00:29:46,400 When did that relationship start? 560 00:29:47,400 --> 00:29:49,080 August 2018. 561 00:29:50,160 --> 00:29:53,440 Were you in fairly frequent contact by means of text messages? 562 00:29:54,400 --> 00:29:55,480 Yes. 563 00:29:56,520 --> 00:29:59,640 On the third of September 2019, 564 00:29:59,640 --> 00:30:02,800 were you trying to get in touch with him that day? 565 00:30:02,800 --> 00:30:04,600 Yes. 566 00:30:04,600 --> 00:30:06,280 Were you having any success? 567 00:30:07,640 --> 00:30:08,920 No. 568 00:30:09,880 --> 00:30:11,760 I'm going to show you a document. 569 00:30:11,760 --> 00:30:14,040 It's a series of text messages. 570 00:30:14,040 --> 00:30:16,440 And do you see that the message says this...? 571 00:30:27,840 --> 00:30:30,480 Is that a message you sent to David Barnes's device? 572 00:30:31,680 --> 00:30:32,880 Yes. 573 00:30:32,880 --> 00:30:34,240 Do you see the next message? 574 00:30:35,440 --> 00:30:38,080 A message from David Barnes's device... 575 00:30:44,400 --> 00:30:48,040 Exclamation mark and a series of crosses or kisses. 576 00:30:48,040 --> 00:30:49,600 Do you see that message? 577 00:30:50,960 --> 00:30:52,240 Yes. 578 00:30:53,320 --> 00:30:55,200 Over the following months, 579 00:30:55,200 --> 00:30:58,440 did he appear to be relatively wealthy 580 00:30:58,440 --> 00:31:02,200 compared to the months prior to September 2019? 581 00:31:03,320 --> 00:31:04,360 Yes. 582 00:31:05,360 --> 00:31:07,440 Do you know the source of that income? 583 00:31:08,760 --> 00:31:10,120 No. 584 00:31:19,880 --> 00:31:21,920 Now, this is Production Number 30. 585 00:31:27,320 --> 00:31:29,120 Do you recognise that vehicle? 586 00:31:30,240 --> 00:31:32,000 Yes. It looks like my car. Right. 587 00:31:35,840 --> 00:31:38,160 Do you recognise the person in the vehicle? 588 00:31:39,680 --> 00:31:41,080 No. 589 00:31:43,080 --> 00:31:44,760 Look at the second photograph. 590 00:31:47,160 --> 00:31:48,560 Close up. 591 00:31:48,560 --> 00:31:49,800 Do you see that? 592 00:31:52,440 --> 00:31:54,360 Do you recognise...? That's David Barnes. 593 00:31:54,360 --> 00:31:55,840 That's David Barnes. 594 00:31:58,800 --> 00:32:00,960 And he's holding something, is that right? 595 00:32:00,960 --> 00:32:02,240 Do you know what that is? 596 00:32:03,480 --> 00:32:05,400 A phone. 597 00:32:05,400 --> 00:32:08,080 Did you recognise the phone as well as David Barnes? 598 00:32:10,320 --> 00:32:13,240 Yes, it's familiar to the phone he had. 599 00:32:14,760 --> 00:32:17,960 You can see a slightly orange surround on the phone. 600 00:32:17,960 --> 00:32:19,840 Is that how his phone was? 601 00:32:21,360 --> 00:32:22,760 Yes. 602 00:32:25,800 --> 00:32:27,360 Thank you very much. 603 00:32:34,440 --> 00:32:36,160 Mr McSporran, will you have cross? 604 00:32:36,160 --> 00:32:38,080 No cross. Thank you, my lord. OK. 605 00:32:40,440 --> 00:32:43,360 The witness was able to identify the accused 606 00:32:43,360 --> 00:32:45,720 as the person in that photograph. 607 00:32:45,720 --> 00:32:47,760 But the challenge for me 608 00:32:47,760 --> 00:32:49,280 is to lead evidence 609 00:32:49,280 --> 00:32:52,560 that will demonstrate a link, evidentially, 610 00:32:52,560 --> 00:32:54,080 between the accused 611 00:32:54,080 --> 00:32:55,960 and the industrial estate. 612 00:33:00,480 --> 00:33:02,640 Were you asked to assist 613 00:33:02,640 --> 00:33:05,440 in the investigation, by the police, 614 00:33:05,440 --> 00:33:08,280 into the death of Ean Coutts? 615 00:33:09,320 --> 00:33:10,520 Yes, that is correct. 616 00:33:10,520 --> 00:33:13,360 What was your task in that case? 617 00:33:14,400 --> 00:33:17,160 I was asked to look at material 618 00:33:17,160 --> 00:33:19,320 from a Volkswagen Golf 619 00:33:19,320 --> 00:33:22,880 and, in particular, the carpet from the front footwell. 620 00:33:23,840 --> 00:33:26,120 This contains all the material 621 00:33:26,120 --> 00:33:28,480 that potentially transfers 622 00:33:28,480 --> 00:33:31,480 from the driver of that vehicle, 623 00:33:31,480 --> 00:33:34,400 transferred from a place they'd been. 624 00:33:34,400 --> 00:33:36,160 What did you find there? 625 00:33:36,160 --> 00:33:39,600 What we recovered was plant material 626 00:33:39,600 --> 00:33:41,760 and it was the same species 627 00:33:41,760 --> 00:33:46,800 as found outside the industrial units in Glenrothes. 628 00:33:46,800 --> 00:33:51,200 Could that be explained as one possible explanation, 629 00:33:51,200 --> 00:33:54,360 that plant material, as you have described, has been... 630 00:33:55,720 --> 00:33:59,800 ..uplifted from Unit 99, Whitehill Industrial Estate, 631 00:33:59,800 --> 00:34:02,000 and has come into contact 632 00:34:02,000 --> 00:34:04,800 with the carpet of the Volkswagen car? 633 00:34:04,800 --> 00:34:06,480 Yes, that is correct. 634 00:34:07,600 --> 00:34:09,000 All right. Thank you. 635 00:34:13,920 --> 00:34:15,920 So what? 636 00:34:15,920 --> 00:34:18,600 So what if you conclude 637 00:34:18,600 --> 00:34:21,520 that David Barnes had some involvement 638 00:34:21,520 --> 00:34:24,440 in depositing the remains of Ean Coutts 639 00:34:24,440 --> 00:34:27,560 in that place, using that wheelie bin? 640 00:34:27,560 --> 00:34:29,120 So what? 641 00:34:29,120 --> 00:34:31,400 Because, bear in mind, 642 00:34:31,400 --> 00:34:33,080 the question is this, 643 00:34:33,080 --> 00:34:35,320 not, "Did he deposit the remains there?" 644 00:34:35,320 --> 00:34:37,440 But, "Did he murder him?" 645 00:34:37,440 --> 00:34:40,080 And those are two different questions. 646 00:34:40,080 --> 00:34:42,960 And they are capable of having two different answers. 647 00:34:44,200 --> 00:34:45,360 Right, ladies and gentlemen, 648 00:34:45,360 --> 00:34:47,360 that's all the evidence you're going to hear today. 649 00:34:47,360 --> 00:34:48,920 Keep an open mind. 650 00:34:48,920 --> 00:34:50,800 Do not begin to decide this case 651 00:34:50,800 --> 00:34:53,160 until we've heard all of the evidence. 652 00:34:53,160 --> 00:34:55,840 Your role is as judges, not detectives - 653 00:34:55,840 --> 00:34:58,440 it's not your job to solve the case. 654 00:35:04,480 --> 00:35:06,360 Every time he walked into that courthouse, 655 00:35:06,360 --> 00:35:08,800 I stared at him. I never took my eyes off him. 656 00:35:12,880 --> 00:35:15,760 Just to say, "You're no' winning." 657 00:35:15,760 --> 00:35:17,080 That's why. 658 00:35:19,000 --> 00:35:20,640 "I see you," 659 00:35:20,640 --> 00:35:23,080 and I wanted him to see me 660 00:35:23,080 --> 00:35:24,600 and his daughters was there, 661 00:35:24,600 --> 00:35:26,080 because Ean had a family. 662 00:35:31,880 --> 00:35:33,680 And I want him to see that. 663 00:35:36,800 --> 00:35:39,160 He had people that loved them. 664 00:36:03,480 --> 00:36:06,920 Because I'm not able to establish how Ean Coutts died, 665 00:36:06,920 --> 00:36:08,800 if the accused were to say 666 00:36:08,800 --> 00:36:11,280 that he came upon Ean Coutts 667 00:36:11,280 --> 00:36:13,440 in his apartment and found him dead, 668 00:36:13,440 --> 00:36:16,800 then there's nothing I could do to contradict that. 669 00:36:18,040 --> 00:36:22,800 That would result in an acquittal, if that was accepted by the jury. 670 00:36:22,800 --> 00:36:25,800 So I had to think about that and counter it. 671 00:36:29,080 --> 00:36:31,560 Could you have before you, please, 672 00:36:31,560 --> 00:36:33,640 Crown Production Number 38? 673 00:36:34,960 --> 00:36:39,760 And is that a transcript of the interview, 674 00:36:39,760 --> 00:36:45,680 which took place at Falkirk Police Office on the 15th of December 2021? 675 00:36:45,680 --> 00:36:47,280 Yes. 676 00:36:47,280 --> 00:36:50,720 Would it be correct to say that, throughout most of the interview, 677 00:36:50,720 --> 00:36:54,920 Mr Barnes essentially responded by saying, "No comment"? 678 00:36:54,920 --> 00:36:56,720 Yes. 679 00:36:56,720 --> 00:36:58,960 Now, could we put the screen on, please? 680 00:37:00,320 --> 00:37:02,560 Do you recognise that as an image 681 00:37:02,560 --> 00:37:05,000 from the interview with Mr Barnes? 682 00:37:05,000 --> 00:37:06,320 Yes. 683 00:37:23,960 --> 00:37:25,000 Thank you. 684 00:37:26,160 --> 00:37:28,360 So, in that excerpt, 685 00:37:28,360 --> 00:37:32,600 your colleague suggested a scenario. 686 00:37:32,600 --> 00:37:34,960 "So, you've not gone into the house 687 00:37:34,960 --> 00:37:38,040 "and found him lying there dead and gone, 688 00:37:38,040 --> 00:37:41,120 " 'You know what? I've got his PIN number. 689 00:37:41,120 --> 00:37:43,200 " 'I'm in a really bad place.' 690 00:37:43,200 --> 00:37:45,560 "So that's not happened? 691 00:37:45,560 --> 00:37:48,480 And Mr Barnes replied, "No." 692 00:37:48,480 --> 00:37:50,520 Yes. Thank you. 693 00:37:52,720 --> 00:37:57,440 The prosecution have taken one aspect of a lengthy interview... 694 00:37:59,280 --> 00:38:02,760 ..and presented it as important evidence, 695 00:38:02,760 --> 00:38:05,480 and I intend that the jury should hear 696 00:38:05,480 --> 00:38:07,120 the whole context, 697 00:38:07,120 --> 00:38:11,000 because this is a man whose word could not be relied upon at all. 698 00:38:11,000 --> 00:38:13,160 Who lied about all sorts of things. 699 00:38:13,160 --> 00:38:15,040 Mr McSporran. Thank you. 700 00:38:15,040 --> 00:38:18,880 One thing you couldn't expect from David Barnes, at that interview, 701 00:38:18,880 --> 00:38:21,080 was an honest answer to any question. 702 00:38:23,320 --> 00:38:25,880 Good morning, Detective Constable Young. 703 00:38:25,880 --> 00:38:29,120 What we would see if we played the whole interview, 704 00:38:29,120 --> 00:38:31,240 or read through the whole transcript, 705 00:38:31,240 --> 00:38:34,160 is the ridiculous lies he had told in other contexts. 706 00:38:34,160 --> 00:38:36,280 Is that correct? Yes. 707 00:38:36,280 --> 00:38:38,080 You'd had a look at 708 00:38:38,080 --> 00:38:40,160 medical records for him 709 00:38:40,160 --> 00:38:43,200 in which he had claimed 710 00:38:43,200 --> 00:38:45,240 some things to have happened 711 00:38:45,240 --> 00:38:47,000 which were complete rubbish. 712 00:38:48,400 --> 00:38:49,800 Is that right? Yes. 713 00:38:50,760 --> 00:38:53,720 Claimed he'd been a tree surgeon who'd been operating a chainsaw 714 00:38:53,720 --> 00:38:57,200 and fallen out of a tree and dislocated his shoulder, 715 00:38:57,200 --> 00:38:58,360 didn't he? 716 00:38:58,360 --> 00:39:00,240 Yes. And that was just rubbish. 717 00:39:02,320 --> 00:39:05,760 I put it to Mr Barnes during the interview that that was a lie, yes. 718 00:39:07,280 --> 00:39:08,440 So there were many... 719 00:39:09,880 --> 00:39:12,520 ..examples which you were able to put to him 720 00:39:12,520 --> 00:39:16,560 of just the most ridiculous lies being told by him. 721 00:39:16,560 --> 00:39:19,280 In regard to those points that you've... Yeah. 722 00:39:19,280 --> 00:39:20,840 And we go to page 86, 723 00:39:20,840 --> 00:39:22,160 towards the foot of that, 724 00:39:22,160 --> 00:39:24,880 your colleague's asking, "So you've not gone into the house 725 00:39:24,880 --> 00:39:27,000 "and found him lying there dead, 726 00:39:27,000 --> 00:39:30,200 "and gone, 'You know what? I've got his PIN number. 727 00:39:30,200 --> 00:39:31,760 " 'I'm in a really bad place.' 728 00:39:31,760 --> 00:39:33,920 "So that's not happened?" 729 00:39:33,920 --> 00:39:35,920 And David Barnes says, "No." 730 00:39:35,920 --> 00:39:38,080 You wouldn't know whether he was telling the truth or lying 731 00:39:38,080 --> 00:39:40,040 about that when he said, "No." 732 00:39:40,040 --> 00:39:41,280 Yes. 733 00:39:41,280 --> 00:39:44,360 When Mr Barnes answers questions in this interview, 734 00:39:44,360 --> 00:39:47,880 you have no idea whether he is telling the truth or lying. 735 00:39:50,280 --> 00:39:51,600 Thank you. 736 00:39:58,200 --> 00:40:01,720 Chances are that Mr Barnes will be furious that I did that... 737 00:40:02,920 --> 00:40:05,320 ..but it was a tactical decision, and that's what I'm there for, 738 00:40:05,320 --> 00:40:07,080 to make those decisions. 739 00:40:08,760 --> 00:40:11,200 I need the jury to realise 740 00:40:11,200 --> 00:40:14,200 that his truthfulness is suspect, 741 00:40:14,200 --> 00:40:16,840 so that they don't exclude the very real possibility 742 00:40:16,840 --> 00:40:18,360 that that scenario... 743 00:40:19,440 --> 00:40:23,080 ..could have explained everything that happened in this case, 744 00:40:23,080 --> 00:40:24,840 which would make him not a murderer. 745 00:40:30,520 --> 00:40:32,000 Advocate Depute. 746 00:40:32,000 --> 00:40:33,400 Thank you, my lord. 747 00:40:33,400 --> 00:40:36,200 A substantial amount of evidence has been agreed 748 00:40:36,200 --> 00:40:38,080 and is embodied in a joint minute. 749 00:40:39,280 --> 00:40:42,760 There's no doubt this will save several days of court time. 750 00:40:42,760 --> 00:40:45,520 Right, ladies and gentlemen, the facts set out 751 00:40:45,520 --> 00:40:47,480 in the joint minute of agreement 752 00:40:47,480 --> 00:40:49,840 must be accepted by you 753 00:40:49,840 --> 00:40:51,600 as proven fact, 754 00:40:51,600 --> 00:40:53,600 as conclusively proved, 755 00:40:53,600 --> 00:40:55,040 and must be taken into account 756 00:40:55,040 --> 00:40:56,600 when you come to deliberate 757 00:40:56,600 --> 00:40:59,000 and consider your verdicts. 758 00:40:59,000 --> 00:41:02,960 I'll invite the Crown Junior, Ms Campbell, to read it to you. 759 00:41:06,600 --> 00:41:09,360 My trial strategy is that 760 00:41:09,360 --> 00:41:12,160 some event took place on 3rd September, 761 00:41:12,160 --> 00:41:15,560 and that Ean Coutts died at the hands of the accused. 762 00:41:15,560 --> 00:41:17,080 I don't know how 763 00:41:17,080 --> 00:41:20,040 but, when you look at his conduct in the immediate aftermath, 764 00:41:20,040 --> 00:41:22,680 then this is a compelling case for murder. 765 00:41:25,680 --> 00:41:27,200 CLEARS THROAT 766 00:41:27,200 --> 00:41:31,680 Between 31st August 2019 and 18th January 2020, 767 00:41:31,680 --> 00:41:34,760 David Barnes did order a variety of goods and services 768 00:41:34,760 --> 00:41:39,080 at a total cost of £606.69, 769 00:41:39,080 --> 00:41:43,480 and did make payment via a PayPal account held by Ean Coutts. 770 00:41:43,480 --> 00:41:48,800 Two, on various occasions between September 2019 and January 2020, 771 00:41:48,800 --> 00:41:51,480 David Barnes did, by means of a Nationwide Building Society 772 00:41:51,480 --> 00:41:53,720 bank card in the name of Ean Coutts, 773 00:41:53,720 --> 00:41:57,360 obtain fuel to the value of £398.39. 774 00:41:57,360 --> 00:42:02,400 On 29th October 2019, David Barnes did apply for credit facilities 775 00:42:02,400 --> 00:42:04,920 and a credit card in the name of Ean Coutts... 776 00:42:04,920 --> 00:42:06,880 SPEECH FADES 777 00:42:13,360 --> 00:42:15,880 I would hope the jury have that mental picture 778 00:42:15,880 --> 00:42:19,320 of David Barnes in these various places. 779 00:42:19,320 --> 00:42:21,560 Just thinking about the fact 780 00:42:21,560 --> 00:42:23,640 he is plundering the money 781 00:42:23,640 --> 00:42:25,520 of a deceased person. 782 00:42:25,520 --> 00:42:29,440 18. On 9th December 2019, at Rothes Hall, 783 00:42:29,440 --> 00:42:32,800 David Barnes did pretend that he was the lawful holder of a bank card 784 00:42:32,800 --> 00:42:34,440 in the name of Ean Coutts, 785 00:42:34,440 --> 00:42:36,760 to purchase tickets for an entertainment show, 786 00:42:36,760 --> 00:42:38,560 and did thus induce... 787 00:42:38,560 --> 00:42:42,040 ..28. David Barnes did use a bank card in the name of Ean Coutts 788 00:42:42,040 --> 00:42:45,800 and, from automatic teller machines, did obtain £5,600... 789 00:42:45,800 --> 00:42:48,200 It's not just one or two transactions. 790 00:42:48,200 --> 00:42:50,240 There are 91 occasions 791 00:42:50,240 --> 00:42:52,200 when he assumes the identity 792 00:42:52,200 --> 00:42:53,960 of Ean Coutts. 793 00:42:53,960 --> 00:42:56,320 Thank you. 794 00:42:56,320 --> 00:42:58,680 With that, I formally close the Crown case. 795 00:43:04,440 --> 00:43:07,680 The joint minutes points significantly to David Barnes 796 00:43:07,680 --> 00:43:11,120 having committed various crimes of fraud. 797 00:43:11,120 --> 00:43:15,560 But as for winning the Prosecution case in their own right, 798 00:43:15,560 --> 00:43:17,920 no, they don't, and they don't have me on the ropes, 799 00:43:17,920 --> 00:43:20,200 because they're things that are not disputed. 800 00:43:20,200 --> 00:43:23,360 I have to acknowledge and accept that they are right, 801 00:43:23,360 --> 00:43:24,920 but still come to the question, 802 00:43:24,920 --> 00:43:27,280 "What is it about those agreed facts 803 00:43:27,280 --> 00:43:29,880 "which can make you sure 804 00:43:29,880 --> 00:43:31,960 "that David Barnes murdered Ean Coutts?" 805 00:43:34,040 --> 00:43:37,400 Mr McSporran, do you want some time just to consider the...? 806 00:43:37,400 --> 00:43:40,120 Yes, my lord. Clearly an important stage of the trial has been reached. 807 00:43:40,120 --> 00:43:42,320 It is desirable that, at this stage, 808 00:43:42,320 --> 00:43:44,720 counsel have the opportunity to take instructions, 809 00:43:44,720 --> 00:43:46,840 and I would welcome an opportunity to have some further time 810 00:43:46,840 --> 00:43:48,800 to do that. You are well entitled to it. 811 00:43:49,840 --> 00:43:51,320 Right, ladies and gentlemen, 812 00:43:51,320 --> 00:43:54,760 Mr McSporran has requested to have some time 813 00:43:54,760 --> 00:43:56,600 just to reflect on where he is, 814 00:43:56,600 --> 00:43:58,600 in relation to the Defence case. 815 00:43:58,600 --> 00:44:01,720 So the best thing to do is to adjourn now, 816 00:44:01,720 --> 00:44:04,280 and we'll see you at 2:00. 817 00:44:10,800 --> 00:44:12,320 In every trial, 818 00:44:12,320 --> 00:44:14,760 the question will arise, 819 00:44:14,760 --> 00:44:16,160 "Should the accused give evidence?" 820 00:44:17,160 --> 00:44:19,320 When the question arises, I will say, 821 00:44:19,320 --> 00:44:22,000 "If you give evidence and you are convicted, 822 00:44:22,000 --> 00:44:25,160 "you will spend the rest of your sentence wishing you hadn't." 823 00:44:27,040 --> 00:44:29,720 "And if you don't give evidence and you're convicted, 824 00:44:29,720 --> 00:44:32,360 "you will spend the rest of your sentence wishing you had." 825 00:44:34,360 --> 00:44:36,840 The decision is always for the accused. 826 00:44:36,840 --> 00:44:38,520 I can't make that decision for them. 827 00:44:41,560 --> 00:44:42,640 Court. 828 00:44:48,200 --> 00:44:49,600 Mr McSporran. Thank you, my lord. 829 00:44:49,600 --> 00:44:52,160 My lord, I'm grateful for the opportunity 830 00:44:52,160 --> 00:44:54,960 to consider the position at the close of the Crown case, 831 00:44:54,960 --> 00:44:56,720 and take instructions from David Barnes, 832 00:44:56,720 --> 00:44:59,360 and I can advise the court that, in consequence of that, 833 00:44:59,360 --> 00:45:03,240 there will be no evidence led or given on behalf of the accused. OK. 834 00:45:08,000 --> 00:45:09,720 Right, ladies and gentlemen, 835 00:45:09,720 --> 00:45:12,320 that's all the evidence you're going to hear in the case, 836 00:45:12,320 --> 00:45:15,960 so the next stage in procedure is to hear speeches 837 00:45:15,960 --> 00:45:18,240 on Wednesday morning. OK? 838 00:45:18,240 --> 00:45:21,120 So, see you Wednesday, 10:00. 839 00:45:21,120 --> 00:45:22,600 Court. 840 00:45:52,840 --> 00:45:54,560 The biggest challenge in this case 841 00:45:54,560 --> 00:45:56,480 is that we do not have a cause of death. 842 00:45:59,360 --> 00:46:04,160 The jury will be invited to convict someone of the murder of a man, 843 00:46:04,160 --> 00:46:06,200 when we have no idea how he died. 844 00:46:07,120 --> 00:46:08,720 So that's quite a challenge. 845 00:46:08,720 --> 00:46:13,280 I have to explain how the surrounding evidence is such 846 00:46:13,280 --> 00:46:14,960 that it would allow an inference 847 00:46:14,960 --> 00:46:17,920 that the accused was responsible for his death. 848 00:46:19,400 --> 00:46:21,320 Because they may well ask themselves, 849 00:46:21,320 --> 00:46:22,960 "How can we convict someone of murder 850 00:46:22,960 --> 00:46:24,400 "when we don't know what he did?" 851 00:46:33,480 --> 00:46:37,040 The Prosecution does not have a crime scene 852 00:46:37,040 --> 00:46:38,800 where the murder took place. 853 00:46:38,800 --> 00:46:41,960 They don't have a means by which the murder was achieved. 854 00:46:42,880 --> 00:46:44,920 They don't have a murder weapon. 855 00:46:44,920 --> 00:46:47,120 They don't have any proof of injuries. 856 00:46:47,120 --> 00:46:49,360 They don't have any eyewitness. 857 00:46:50,480 --> 00:46:53,080 They don't have anyone hearing 858 00:46:53,080 --> 00:46:55,400 the kind of sounds of a disturbance 859 00:46:55,400 --> 00:46:57,880 one might associate with a murderous attack. 860 00:46:58,840 --> 00:47:01,240 And in most cases of murder, 861 00:47:01,240 --> 00:47:03,600 you would expect them to have some or all of these. 862 00:47:04,560 --> 00:47:06,600 If you don't have these things, 863 00:47:06,600 --> 00:47:08,760 the Prosecution can be satisfied 864 00:47:08,760 --> 00:47:11,200 that David Barnes murdered Ean Coutts... 865 00:47:12,120 --> 00:47:14,480 ..but the question is, "Can the jury be satisfied?" 866 00:47:16,240 --> 00:47:18,400 And I say, "They can't." 867 00:47:24,320 --> 00:47:25,520 Court. 868 00:47:31,080 --> 00:47:34,120 Call the diet - His Majesty's Advocate against David Barnes. 869 00:47:34,120 --> 00:47:35,520 Please take a seat. 870 00:47:48,680 --> 00:47:50,480 Good morning, ladies and gentlemen. 871 00:47:50,480 --> 00:47:52,040 You're about to hear speeches. 872 00:47:52,040 --> 00:47:54,400 So when you're ready, Advocate Depute. 873 00:47:54,400 --> 00:47:55,480 May it please the court. 874 00:48:09,520 --> 00:48:13,400 On the 27th of September, 2020, 875 00:48:13,400 --> 00:48:16,880 James Fenton found something that he did not expect. 876 00:48:17,960 --> 00:48:19,520 A human skeleton. 877 00:48:20,720 --> 00:48:22,320 And you know 878 00:48:22,320 --> 00:48:24,880 that the remains are those 879 00:48:24,880 --> 00:48:26,560 of the late Ean Coutts. 880 00:48:28,160 --> 00:48:30,400 You might ask yourselves 881 00:48:30,400 --> 00:48:32,840 who, other than a murderer, 882 00:48:32,840 --> 00:48:34,560 would conceal a body. 883 00:48:36,160 --> 00:48:40,080 David Barnes assumed the identity of Ean Coutts, 884 00:48:40,080 --> 00:48:43,920 and proceeded to avail himself of his money, 885 00:48:43,920 --> 00:48:48,000 and pretended to be him in order to acquire goods and services. 886 00:48:48,000 --> 00:48:49,400 How would he be able to...? 887 00:48:49,400 --> 00:48:51,400 None of that was disputed. 888 00:48:51,400 --> 00:48:53,560 It may be you have little difficulty 889 00:48:53,560 --> 00:48:56,080 in accepting the Crown's submissions, 890 00:48:56,080 --> 00:48:58,160 that he was a liar and a fraudster 891 00:48:58,160 --> 00:48:59,960 and a thief and a cheat. 892 00:49:00,880 --> 00:49:02,920 But how far does that take you 893 00:49:02,920 --> 00:49:04,560 in considering the charge of murder? 894 00:49:06,280 --> 00:49:08,480 Convicting him of murder 895 00:49:08,480 --> 00:49:10,760 because you think he should be punished for fraud would... 896 00:49:11,920 --> 00:49:14,040 ..not at all be the right thing to do. 897 00:49:14,040 --> 00:49:16,640 David Barnes tells people Ean Coutts 898 00:49:16,640 --> 00:49:19,280 is with his sister in England. 899 00:49:20,200 --> 00:49:23,240 Ean Coutts didn't have a sister living in England. 900 00:49:23,240 --> 00:49:27,640 Why is he perpetrating this lie, 901 00:49:27,640 --> 00:49:29,360 that Ean Coutts is somewhere else? 902 00:49:29,360 --> 00:49:34,080 Why would he do that, unless he was wanting to divert attention 903 00:49:34,080 --> 00:49:36,520 away from his own conduct? 904 00:49:37,520 --> 00:49:40,200 You'll recall that the policeman said, 905 00:49:40,200 --> 00:49:43,480 "So this is not a case of you just finding him dead 906 00:49:43,480 --> 00:49:46,640 "and taking advantage of the fact you knew his PIN number?" 907 00:49:46,640 --> 00:49:49,080 What did David Barnes respond to that? 908 00:49:49,080 --> 00:49:50,200 He said, "No." 909 00:49:51,520 --> 00:49:53,200 He said "No." 910 00:49:53,200 --> 00:49:55,080 So there's a plausible scenario 911 00:49:55,080 --> 00:49:56,880 which fits all of the evidence 912 00:49:56,880 --> 00:50:00,120 in the same way as the Prosecution's theory does. 913 00:50:00,120 --> 00:50:01,520 And if it's just a case of saying, 914 00:50:01,520 --> 00:50:03,840 "Well, which scenario are we to prefer?", 915 00:50:03,840 --> 00:50:05,120 I can help you with that. 916 00:50:06,200 --> 00:50:07,520 The presumption of innocence. 917 00:50:08,640 --> 00:50:12,640 David Barnes sits in that dock innocent. 918 00:50:12,640 --> 00:50:15,520 Presumed innocent by our law. 919 00:50:15,520 --> 00:50:17,840 The Crown never has to prove a motive, 920 00:50:17,840 --> 00:50:19,960 but I suggest there was a motive here, 921 00:50:19,960 --> 00:50:22,240 and that is financial gain. 922 00:50:22,240 --> 00:50:24,960 I suggest he Ean Coutts was in that bin, 923 00:50:24,960 --> 00:50:28,040 that David Barnes killed Ean Coutts 924 00:50:28,040 --> 00:50:29,880 and put him in the bin, 925 00:50:29,880 --> 00:50:33,600 took the bin and emptied the bin out 926 00:50:33,600 --> 00:50:35,160 in Unit 99. 927 00:50:35,160 --> 00:50:36,800 But there is more. 928 00:50:36,800 --> 00:50:38,280 There is more. 929 00:50:38,280 --> 00:50:41,040 David Barnes attempting to burn the body, 930 00:50:41,040 --> 00:50:43,520 to conceal the identity, 931 00:50:43,520 --> 00:50:45,880 to conceal the cause of his death. 932 00:50:47,120 --> 00:50:52,960 Therefore, I invite you to find David Barnes guilty of the murder, 933 00:50:52,960 --> 00:50:56,960 and guilty of attempting to defeat the ends of justice. 934 00:50:58,680 --> 00:51:01,200 Your verdict must not be based 935 00:51:01,200 --> 00:51:03,760 on speculation or guesswork. 936 00:51:03,760 --> 00:51:05,440 "How did Ean Coutts die?" 937 00:51:06,520 --> 00:51:09,800 If you can't tell yourselves, in your discussions, 938 00:51:09,800 --> 00:51:11,200 that he was murdered... 939 00:51:12,520 --> 00:51:14,840 ..then you can't bridge that gap by guesswork. 940 00:51:15,960 --> 00:51:18,880 We heard evidence from a highly experienced pathologist 941 00:51:18,880 --> 00:51:22,160 who told us it was quite possible he died a natural death. 942 00:51:23,240 --> 00:51:27,640 Ladies and gentlemen, I say it is simply not possible to be sure, 943 00:51:27,640 --> 00:51:29,400 to the required standard, 944 00:51:29,400 --> 00:51:31,240 that this man has been proved 945 00:51:31,240 --> 00:51:33,000 to have committed murder. 946 00:51:34,080 --> 00:51:36,000 And if that is the case, 947 00:51:36,000 --> 00:51:38,320 the true verdict, according to the evidence... 948 00:51:39,480 --> 00:51:40,880 ..is one of acquittal. 949 00:51:42,240 --> 00:51:44,120 And I thank you for your patience. 950 00:51:44,120 --> 00:51:45,560 Thank you, ladies and gentlemen. 951 00:51:52,400 --> 00:51:54,000 OK, ladies and gentlemen. 952 00:51:54,000 --> 00:51:57,640 There are no time limits on your deliberations. 953 00:51:57,640 --> 00:52:00,400 The ball is entirely in your court. 954 00:52:01,400 --> 00:52:03,480 There are no time pressures on you. 955 00:52:03,480 --> 00:52:05,240 So, ladies and gentlemen, 956 00:52:05,240 --> 00:52:08,640 would you now retire to consider your verdicts? 957 00:52:20,200 --> 00:52:22,440 Look at the jury and what they're thinking, 958 00:52:22,440 --> 00:52:24,160 and how they've seen the case. 959 00:52:24,160 --> 00:52:26,440 Have they seen it the same as me? 960 00:52:26,440 --> 00:52:29,240 And it's really hard to tell. 961 00:52:29,240 --> 00:52:30,480 It's in their hands. 962 00:52:31,600 --> 00:52:32,680 Court. 963 00:52:43,200 --> 00:52:47,000 I'm worried that because they don't know how Ean died... 964 00:52:48,640 --> 00:52:50,800 ..that they might find him not guilty. 965 00:52:53,560 --> 00:52:55,960 I'm scared that he's going to walk. 966 00:52:57,080 --> 00:53:00,680 And just knowing that he could just walk up to my door any day... 967 00:53:02,000 --> 00:53:03,360 ..I'm just terrified. 968 00:53:03,360 --> 00:53:07,520 Just terrified, in case it's not the verdict that we want to get. 969 00:53:10,400 --> 00:53:15,360 I think the Defence presented a strong argument 970 00:53:15,360 --> 00:53:16,760 in the closing speech. 971 00:53:18,840 --> 00:53:21,440 I think the case really sits on a bit of a knife-edge. 972 00:53:22,480 --> 00:53:24,480 If David Barnes walks free, 973 00:53:24,480 --> 00:53:25,960 we have to accept it. 974 00:53:25,960 --> 00:53:28,920 We have to accept the verdict from the jury. 975 00:53:28,920 --> 00:53:31,240 We have to accept that we've gone through 976 00:53:31,240 --> 00:53:33,000 the criminal justice process, 977 00:53:33,000 --> 00:53:35,640 and if that is the outcome, that is the outcome. 978 00:53:37,560 --> 00:53:38,920 Just a waiting game now. 979 00:53:51,600 --> 00:53:53,440 In the High Court of Justiciary, 980 00:53:53,440 --> 00:53:55,200 in court number three, 981 00:53:55,200 --> 00:53:57,720 His Majesty's Advocate against David Barnes. 982 00:53:57,720 --> 00:53:58,880 Court number three. 983 00:53:58,880 --> 00:54:00,240 This is the verdict. 984 00:54:10,200 --> 00:54:11,320 Court. 985 00:54:23,040 --> 00:54:24,360 Ladies and gentlemen of the jury, 986 00:54:24,360 --> 00:54:26,160 would your spokesperson please stand? 987 00:54:30,320 --> 00:54:32,160 Can you confirm, have you reached a verdict? 988 00:54:33,840 --> 00:54:34,920 Yes. 989 00:54:36,960 --> 00:54:39,840 What is your verdict in respect of the accused, David Barnes, 990 00:54:39,840 --> 00:54:42,440 in relation to charge one on the indictment? 991 00:54:45,440 --> 00:54:46,600 Guilty. 992 00:54:49,720 --> 00:54:52,120 Is this verdict unanimous or by a majority? 993 00:54:52,120 --> 00:54:53,560 Majority. 994 00:55:03,920 --> 00:55:06,080 Please be seated whilst I record the verdict, thank you. 995 00:55:15,000 --> 00:55:16,320 Stand up. 996 00:55:22,400 --> 00:55:24,840 What you did was callous. 997 00:55:24,840 --> 00:55:27,760 The murder of a man who did you no harm. 998 00:55:27,760 --> 00:55:29,960 To the contrary, he gave you work. 999 00:55:31,320 --> 00:55:33,680 You have displayed no remorse, 1000 00:55:33,680 --> 00:55:36,080 or taken no responsibility 1001 00:55:36,080 --> 00:55:38,640 for the crimes you have committed. 1002 00:55:40,520 --> 00:55:43,040 There is only one sentence for murder, 1003 00:55:43,040 --> 00:55:44,560 and that is life in prison, 1004 00:55:44,560 --> 00:55:46,000 which will be coming your way. 1005 00:55:47,000 --> 00:55:50,240 I'll wait for the criminal justice social work report. 1006 00:55:50,240 --> 00:55:52,320 I'll then tell you what the sentence is. 1007 00:55:54,440 --> 00:55:57,200 What you did was despicable 1008 00:55:57,200 --> 00:55:58,440 and evil. 1009 00:56:02,000 --> 00:56:03,120 Take him away. 1010 00:56:19,440 --> 00:56:21,720 There are so many people's lives 1011 00:56:21,720 --> 00:56:23,840 which will be significantly impacted 1012 00:56:23,840 --> 00:56:27,760 by the words uttered by the spokesperson of the jury. 1013 00:56:30,480 --> 00:56:32,600 A verdict of guilty, of course, 1014 00:56:32,600 --> 00:56:35,800 is an achievement and recognition of the work 1015 00:56:35,800 --> 00:56:37,800 that many, many people did. 1016 00:56:40,920 --> 00:56:45,200 I hope, for the family, there's a sense of justice having been served, 1017 00:56:45,200 --> 00:56:49,280 and it might make things a little easier. 1018 00:56:49,280 --> 00:56:53,080 It will not alleviate the pain and anguish 1019 00:56:53,080 --> 00:56:54,800 they undoubtedly still suffer. 1020 00:56:58,520 --> 00:57:00,160 It's a little bit of closure. 1021 00:57:01,240 --> 00:57:02,920 It'll never be full closure, 1022 00:57:02,920 --> 00:57:05,160 because we don't know what happened to our dad. 1023 00:57:05,160 --> 00:57:06,960 And only he will ever know that. 1024 00:57:09,000 --> 00:57:12,000 If I could see the jury, I would, I would love to thank them. 1025 00:57:12,000 --> 00:57:13,320 Just a huge thank you. 1026 00:57:15,520 --> 00:57:18,520 Because you do feel grateful in that they've listened. 1027 00:57:19,560 --> 00:57:22,120 You do feel that you've had justice done. 1028 00:57:29,200 --> 00:57:32,080 I thought the jury were going to acquit him, 1029 00:57:32,080 --> 00:57:33,840 but there we are. 1030 00:57:33,840 --> 00:57:35,440 That's what we have trials for. 1031 00:57:37,120 --> 00:57:40,600 Every defence lawyer is familiar with the question, 1032 00:57:40,600 --> 00:57:43,240 "How can you defend them when you know they're guilty?" 1033 00:57:43,240 --> 00:57:45,560 I don't know who's guilty and who's not guilty, 1034 00:57:45,560 --> 00:57:46,680 and it's not my business. 1035 00:57:48,040 --> 00:57:50,440 The law presumes him to be innocent. 1036 00:57:51,720 --> 00:57:57,000 Defence counsel's role is to ensure that this democratic country 1037 00:57:57,000 --> 00:58:00,920 can boast of a proper criminal justice system, 1038 00:58:00,920 --> 00:58:05,160 in which the rights of the accused citizen are fully protected. 1039 00:58:06,680 --> 00:58:08,160 And that's why I defend them.