Jury urged to convict accused in Euan 'EJ' Johnston murder trial

A prosecutor urged a jury to convict David Scott for the murder of 26-year-old Euan Johnston. Alex Prentice QC was making his closing speech in the trial of Scott, 33, who denies - while acting with others unknown - murdering Mr Johnston by repeatedly shooting him in the head on November 15, 2016 at the junction of Shields Road and Scotland Street, Glasgow.

He told the jurors: “I ask you to convict David Scott of the murder of Euan Johnston. There is very clear evidence that this was a deliberate execution of Euan Johnstone.

“The prosecution case is that Euan Johnston was shot in the head while his Audi RS4 was stationary at red traffic lights. He was shot twice in the head and one of the bullets entered his brain and was not survivable.”

The prosecution claims that the bullets were fired from an Audi Q5 which was alongside Mr Johnston's car at the lights.

Mr Prentice said the Crown case is that Scott was one of at least three men in the Audi Q5 which was seen in the area before and after the shooting and was subsequently found burned out.

He told the jurors: “I can't produce evidence to you as to who fired the gun, but I suggest there is a compelling case for David Scott being one of the participants in a common criminal purpose.”

The jury was shown CCTV footage which Mr Prentice used to illustrated the timeline of the shooting of Mr Johnston.

At 10.46pm Mr Johnston and his friend Brian McMahon are seen entering the Red Pepper restaurant in St Andrews Road, Glasgow, and ordering a meal.

The Audi Q5 is seen at 11.30pm driving towards the Red Pepper restaurant and then driving past it twice.

Mr Prentice said: “Mr Johnston and Mr McMahon would be observed in their seat at the the window. You could infer this is not just coincidental.”

At 11.32pm the Audi Q5 parked in McCulloch Street and Mr Prentice said: “This street gives a view of the Red Pepper. This could be some sort of recce or surveillance on Euan Johnston in the restaurant.”

The Audi Q5 is parked there some time and two men from the car are seen walking past Mr Johnston's car just as he gets into it.

As Mr Johnston drives off in his Audi RS4 at 11.39pm the men run back to their Audi Q5 and both cars head towards Shields Road.

At 11.41pm Mr McMahon telephoned the emergency services to say Mr Johnston has been shot.

Mr Prentice said: “What we have is clear interest in the movements of Mr Johnston by the occupants of the Audi Q5.”

He told the jury that the burned out Audi Q5 was a crime scene. The DNA found on fragments of a burned zipped top matched that of Scott and a bullet casing was found in melted plastic in the car.

Mr Prentice said: “If you consider all the evidence there is the inference that David Scott was one of the participants in this enterprise.. It is a strong Crown case and I ask you to convict David Scott of the murder of Euan Johnston.”

Defence QC Tony Graham urged the jury to acquit Scott.

He told them: 'I submit to you David Scott ought to leave this court as he came into it - a man innocent of murder.”

Mr Graham added: “David Scott can't be found guilty of a murder because his DNA was found on an item.

“All we have to work with is the fact that David Scott's DNA at some stage and at some place found it's way into the Audi Q5. Think ladies and gentlemen of the jury of the things you have discarded or misplaced.

“The Crown say he should be convicted of murder because his DNA was on a fragment of burned clothing. DNA can't be aged and we don't know how the top got into the car. What we are left with is DNA on a moveable item. The only thing we can say for sure is there was a piece of clothing which at some point David Scott had contact with.”

Mr Graham also told the jurors they should put aside any emotion they felt for the family and friends of Mr Johnston and any abhorrence they felt about the use of firearms.

He added: “Emotion has no place in the jury room.”

The trial continues.