Greenock man says he killed 'best friend' in self defence

Kyle McAuley, 30, told a jury at the High Court in Glasgow that he was scared of dad-of-three Kevin McCluskey who he said was 'nuts' and 'angry' and claimed he had acted in self defence.

Author: Wilma Riley Published 12th Dec 2019

A murder accused sobbed today as he admitted killing his best friend by hitting him on the head three times with a dumbbell.

Kyle McAuley, 30, told a jury at the High Court in Glasgow that he was scared of dad-of-three Kevin McCluskey who he said was 'nuts' and 'angry' and claimed he had acted in self defence.

He said: “It all happened in 30 seconds. It was quick.”

McAuley, of Nelson Street, Greenock, is accused of murdering 28-year-old Mr McCluskey at his flat on March 24.

He denies murder, but in evidence, he admitted sending pictures of Mr McCluskey's body to two women.

Mr McCluskey's body was moved between the two photographs, which were sent 50 minutes apart. In the first he is lying on his back on a bed and in the second he is on the bedroom floor.

When asked by prosecutor Greg Farrell: "It was you that send them, wasn't it," McAuley replied: "Yes."

He was then asked why he had sent the images, McAuley replied: “I don't know. I've thought about it.

McAuley said that he and Mr McCluskey, who he had known since he was 14, had been out drinking in Greenock and got separated.

Later that night McAuley said that Mr McCluskey turned up at his flat and added: “He was nuts. He was angry at me. He was gritting his teeth and swaying back and forward and clenching his fists.

“He was shouting. He said he was going to kill me.”

McAuley told the jury he punched his friend in the kitchen and then ran into his mother's bedroom where there was a dumbbell with two weights at one side and picked it up.

He said that Mr McCluskey was standing in his bedroom looking into the room and he hit him on the back of the head with the dumbbell.

Mr Farrell said: “At this point when you came up behind him you didn't know if he had a weapon,” and McAuley replied: “I'm not sure. I just know what he's capable of doing. I just thought the only thing I could do was knock him out.”

The accused told the court that Mr McCluskey fell onto the bed on his side and claimed he grabbed him with his right hand and had a knife in his left hand.

Mr Farrell said: “You struck him repeatedly with the dumbbell and McAuley said: “No I was shouting at him to stop and calm down.”

When asked how many times he hit Mr McCluskey, McAuley said: “I would say three times.”

Mr Farrell then said: “You killed him didn't you,” and McAuley replied: “Yes.”

McAuley said that when Mr McCluskey was unconscious he went down into the common close and took 20 Valium.

He claimed he could not remember anything until two or three days later when he spoke to his lawyer.

He admitted though that he sent the photographs and moved Mr McCluskey's body.

McAuley, who serevd in the Army and was deployed in Afghanistan in 2010, was asked by defence QC Thomas Ross: “How do you feel,” and he wept as he said: “I'm confused. I don't know what I'm meant to feel. Kev was my mate. My best mate. I don't know what I'm supposed to feel.”

McAuley also told the jury: “My life's over,” and added: “Two people died that night, not one.”

The trial before Lord Mulholland continues