Alleged murder victim's DNA found on knife that accused says he held in attempted attack

Published 11th Dec 2019

A forensic scientist has told a jury that DNA matching that of alleged murder victim Kevin McCluskey was found on a black handled knife in the flat where he died.

Jamie Horsburgh was giving evidence at the High Court in Glasgow at the trial of 30-year-old Kyle McAuley, 30, who denies murdering his friend Kevin McCluskley, 28, at a flat in Greenock, on March 24, by striking him over the head with a dumbbell.

McAuley has lodged a special defence claiming that his friend came at him with a knife.

Defence QC Thomas Ross asked the witness: "The police told you Kyle McAuley said that Kevin McCluskey came at him with a knife," and he replied: "That's correct."

Mr Ross then said: "You would expect if someone handled a knife their skin would come into contact with the handle," and Mr Horsburgh replied: "Yes."

The court was told that the handle of the knife, which was found lying in the hallway of the flat, was tested for DNA.

The major source of DNA matched that of McAuley, who lived in the flat, and there were three minor contributors – one of which was Mr McCluskey.

Mr Ross asked if there was any blood on the knife and was told by the witness: "No there wasn't."

Mr Horsburgh was asked by prosecutor Greg Farrell about blood spatter on the wall above the bed in one of the bedrooms in the flat.

Mr Farrell asked: "If someone was above Mr McCluskey while he was lying on the bed and repeatedly struck him with a dumbbell could that explain this blood," and Mr Horsburgh said: "Yes. It is one explanation."

The prosecutor then said: "We have heard evidence that Mr McCluskey had been lying on the bed and was later moved to the floor," and the witness replied: "It is a possible explanation for the contact blood stains on the floor."

The jury heard that the black socks McAuley had been wearing were examined and blood staining which matched McCluskey's DNA was found on them.

The trial before Lord Mulholland continues.

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