Court hears Kilmarnock woman's clothes tested positive for petrol after fatal fire

William Kelly is accused of murdering his mother Cathy at their home in Kilmaurs Road

Author: Paul KellyPublished 8th Dec 2017
Last updated 8th Dec 2017

A forensic scientist has told the trial of a Kilmarnock man accused of murdering his mother in a fire that the top the 71-year-old was wearing the night she died in a fire tested positive for petrol.

Shirley Chin was giving evidence at the High Court in Glasgow.

42-year-old William Kelly denies murdering his mother Cathy Kelly by assaulting her, then pouring petrol over her and setting it alight at their home in Kilmaurs Road on February 11.

Ms Chin told prosecutor Ashley Edwards QC that she visited the house on February 12 and 13, along with police officers and firefighters.

The forensic scientist said that on her first visit Mrs Kelly's body was still at the scene.

She added: “She was lying on a tarpaulin. She was on her back covered with a blanket and a tent had been erected.

“She was wearing black trousers and black socks. Her top half was exposed. Her bra and most of her top was fire damaged. A smell of accelerant was coming from her top.

“There was burn damage to her arms and back. There was little damage to her front and her hair was singed.”

The jury heard that the top was taken to a laboratory for analysis and tested positive for petrol.

The scientist said that Kelly's jeans and trainers were analysed and tested positive for petrol. His white polo shirt tested negative.

The jury was told control evidence bag with nothing in it also tested positive for petrol, but Miss Chin said she was satisfied that this result did not compromise her findings.

Mrs Banks' clothes were also tested for the presence of petrol with a negative result.

The jurors have heard that Mrs Kelly, her son Kelly and his then partner Eleanor Banks had been out at a 21st birthday party that night.

Mother-of-five Mrs Banks said earlier in evidence that when they returned home Kelly assaulted his mother and then as she lay face down on the floor poured petrol over her and set it ablaze.

The court has heard that Kelly suffered burn injuries to his hands and face in the blaze.

Ms Chin said that in her opinion there were two distinct seats of fire in the house – although she said she could not say which was set first.

She added: “I am of the opinion that the fire was started deliberately.”

The trial before judge Lady Stacey continues.