Man Tells Court He Arranged To Meet Murder Victim The Day Before He Vanished

Published 23rd Mar 2015

A man's told a murder trial that he had arranged to meet 34-year-old Martin Toner the day he went missing. But 47-year-old James Steele from Glasgow told the High Court in Glasgow that when he phoned to confirm the meeting Mr Toner said: "Something's come up." Mr Steele told advocate depute Alex Prentice QC, prosecuting, that he was due to meet with Mr Toner at Di Maggio's in Shawlands at 4pm. The jury heard that Mr Steele phoned Mr Toner around 3pm and said: "Can I meet you it's Steelie." Mr Toner then said: "Something's come up. I'm outside Glasgow, the now. " He was giving evidence at the trial of Douglas Fleming, 50, and John McDonald, 57, of Bellahouston, Glasgow, who deny murdering Mr Toner on June 29, 2004. The pair are alleged to have killed Mr Toner at the garden and grounds of the Coach House at Gleddoch Estate, Langbank, and Gleddoch Estate on June 29, 2004 after inducing him to travel there from the Key to Life Gym in Pollokshields, Glasgow. When asked how Mr Toner sounded during the brief phone call which lasted less than a minute Mr Steele replied: "normal." Mr Steele told the court that he, like Mr Toner was a regular at the Key to Life Gym and had met him on the morning of June 29, 2004 and they had planned to meet that afternoon. Mr Prentice asked Mr Steele, who is one of six incriminees named by murder accused Fleming: "Did you kill Mr Toner?" and he replied: "No, I did not." He was then asked: "Did you facilitate or organise his death in any way? And replied: "No definitely not." Under cross examination by Derek Ogg QC, representing Fleming, Mr Steele said the planned meeting with Mr Toner was to discuss cheap car insurance for a friend of his. He agreed with Mr Ogg that Mr Toner was not an insurance broker, but added: "He said that he could get cheap car insurance for my friend." Mr Ogg said: "This suggestion that you were going to Di Maggios to talk about cheap car insurance is just nonsense," and Mr Steele replied: "It's not nonsense." Anthony Nelson, 42, another incriminee, also denied killing Mr Toner or having anything to do with his death. He told the court that he is a cousin of Mr Toner's widow Michelle. The jury heard that Mr Nelson tried three times to contact Mr Toner on his mobile without success. He said he was trying to organise a fishing trip. He was asked by Mr Prentice: "Were you aware Martin Toner was due to stand trial facing allegations of being concerned in the sale of drugs," and replied: "I believe so." Mr Prentice added: "There was a forthcoming trial in the High Court in respect of drugs, was it thought he would have run away?" and Mr Nelson said: "No he wouldn't have done that without Michelle and the kids." Fleming has lodged a special defence of incrimination against six men. Both men also deny a further charge of attempting to defeat the ends of justice. The trial before Lord Armstrong continues.