Threats made to murder accused

Mar 19 2008

KS084208

A MAN cleared of the murder of a Galston pensioner was threatened as he helped a friend move a washing machine.

Colin Miller, who was found not guilty of the 2003 killing of 91-year-old Margaret Irvine, was branded a ‘murderer’ and a ‘paedophile’ during the row in a close in Galston’s Clinchyard Place in February last year.

At Kilmarnock Sheriff Court last week 36-year-old Kevin Gilmour was jailed for a total of 10 months after he was found guilty of threatening violence as well as committing a breach of the peace by shouting and swearing.

But the jury found an allegation that he had a knife on the same occasion not proven.

The majority verdicts came after a three-day trial during which evidence was led that Gilmour had chased Miller with a knife.

Brian Little, 25, of Clinchyard Place, told the court that Miller was helping him move a washing machine when Gilmour appeared and launched a tirade of abuse at the former murder suspect, saying that he did not want him near his house.

Mr Little said that Miller had left the scene and he had gone back into his own house, upstairs from Gilmour.

He told the court: “As I was sitting in the house, Mr Gilmour came out and started shouting in the entry that he was going to f***ing kill me if I phoned the police.

“My door was getting kicked in that night and he was going to do me.”

The jury was told that Mr Little went to his parents house nearby to call the police, but then returned to the close with his parents and Miller.

It was then he claimed that Gilmour pulled a knife and chased Miller “straight up the street”.

The court also heard from his mother Mrs Jeanette Little who described a fight between her and Gilmour’s girlfriend Myra Simpson.

She claimed that Simpson was also armed with a knife.

Simpson was originally in the dock along with Gilmour, accused of having a knife and assaulting Mrs Little, but Andrew Lazarrin, prosecuting, abandoned the case against her during the trial.

All the prosecution witnesses denied suggestions by Neil McPherson, defending, that they had concocted a story about knives in a bid to help Mrs Little, who was later prosecuted on a charge of assaulting Simpson.

No defence evidence was led.

Mr McPherson told the jury that two of the witnesses had been proven to have lied while giving evidence.

Miller, he said, had denied taking drugs, although he had five convictions for possessing them.

And Mrs Little had claimed in court that she had never been in trouble in her life and had a clean record. She had, in fact, been convicted on a breach of the peace charge 11 years ago.

Brian Little, he said, had been unable to stop swearing, even when giving evidence.

“He swore at me,” said the solicitor.

Gilmour, now of West Main Street, Darvel, was sentenced to six months imprisonment for the breach of the peace, but received a consecutive four-month term for making racist remarks about a police surgeon. He had previously pleaded guilty to the offence, which was committed at Kilmarnock police station after his arrest.

Mr Lazarrin said the incident took place when Gilmour asked to see a doctor.

When he was reminded he had already seen the police surgeon, he made abusive remarks and added: “I’m a racist.”

Simpson, 31, of the same address, was fined £225 after pleaded guilty to failing to appear at court on a previous occasion.