Girvan man Adam Lundy has been found guilty of assaulting and murdering 44 year-old John Kiltie in Park Road, Girvan, in May this year. after a 13-day trial at Edinburgh High court.
Two other men, Kern Allison (18) and Nicholas Goodwin (24) had been charged with assaulting Mr Kiltie, but not with his murder.
Allison was unanimously found guilty of assault and Goodwin was found not guilty by a majority verdict.
Mr Kiltie, a driver with Stagecoach, was repeatedly punched and kicked on the head and body and stabbed four times. He died from a stab wound to the heart inflicted by a double edged five-inch bladed knife.
The jury heard that the houses in Park Road were a mixture of owner-occupied and council tenancies. Mr Kiltie and his partner, 38 year-old Sharon Tweedie, had lived there for 20 years. Directly across the road from them was Number 13, a council property, occupied by a young single mother with a four year-old child, who had been there for nine months.
Ms Tweedie told the court there had been trouble with noisy behaviour from Number 13 regularly. Through the evening of May 27 into the morning of the 28th there had been continuous shouting and music coming from the house. She asked her husband to phone the police, being concerned about the child in Number 13. Two police cars arrived with four officers. Ms Tweedie said the police stayed “just minutes” and left.
The family were planning to go to Ayr for the day and Mr Kiltie began cleaning his Rover car, described as being “his pride and joy”. The woman from Number 13 was shouting at John Kiltie calling him “a police grass”. Sharon Tweedie said Kern Allison came out of the living room window. “There was a lot of shouting and swearing” she said. “He was very upset and threw a can of beer at John. It bounced off the roof of the car and hit John on the back of the head, exploded and the contents went everywhere.
“There was a commotion and I heard really loud screaming. I have never heard anything like it in my life. It was like an animal.”
Kern Allison and Adam Lundy (27) then appeared from the back garden and she heard Allison say: “We have to go. We’ve done him in”, and they ran off.
“I went to the back door” she said. “John’s mum was kneeling next to John, who was lying on the ground. There was lots of blood on his chest. I just bent down, picked his head up and said ‘I’m OK’ and for him to get up”.
John Kiltie’s mother, 71-year old Georgina Kiltie, said Kern Allison was taunting her son and challenging him: “Come on, come on”. Two other men joined in, she said and “All hell broke loose”. The three men surrounded her son and pushed him into the back garden. “I tried to get in front of him. I was so scared. I just could not move them. I could not save him”. She added: “His eyes just shot open when one (Kern Allison) hit him with a flower pot. John staggered and then another one (Nicholas Goodwin) hit him on the other side of his head with something. He fell into the wee swimming pool. He sat up and said ‘Mum’. I held him and said ‘Don’t go darling. We’ll get you home. They are animals’. He was turning blue. I could see blood on his T-shirt. I rolled it up and I saw stab wounds. I was shouting for help”.
A neighbour, Dianne Hamilton (47), whose house overlooks the back garden of 13, describing the attack on John Kiltie, said she saw Adam Lundy go into the house and return with a red-handled knife. “He drew a breath and went charging past the women, right through to John. I heard Sharon screaming”.
The three accused, in statements to the police, claimed that John Kiltie had attacked them with a baseball bat when he arrived at the house after the beer can incident. Allison and Goodwin did not give evidence in court, but Adam Lundy did.
He told the jury he heard Kern Allison screaming. “I panicked. I thought Kern was being badly hurt. I went into the kitchen and got a knife”. He said he put the knife into the back of his trousers. “It was the first thing that came to hand” he said. “It was more to scare people”.
He said John Kiltie hit him twice with a baseball bat. “I was concerned he would kill me” he said. Asked by defence counsel, Thomas Ross, what had then happened, Lundy said he had taken the knife from his waistband as Kiltie kept coming towards him swinging the bat and he had stabbed him. “I was in shock. I knew he was badly injured. I saw the colour drain from his face”. Lundy declared that he had been acting in self-defence.
Advocate Depute, Tim Niven-Smith pointed out Mr Kiltie had been stabbed four times.
After the jury returned their verdicts, Mr Niven-Smith told judge, Lady Scott, that Lundy was “a violent recidivist with a prediliction for carrying weapons”.
Lady Scott told Lundy the sentence for murder was life imprisonment, but she had to consider the punishment part of the sentence and would seek reports. He will be sentenced on December 15.
Herbert Kerrigan QC asked Lady Scott to take into account that Allison had been on remand since May. Lady Scott said this was the equivalent of 10 months imprisonment and she admonished Allison.