Martin Toner Murder Trail: Wife Reported Him Missing After 30 Hours

Published 20th Mar 2015

Alleged murder victim Martin Toner's wife reported him missing after not hearing from him for 30 hours a court was told. The High Court in Glasgow heard that his wife Michelle called the police around 5pm on June 30, 2004. PC Gary Marshall told a murder trial that Mrs Toner said she had last seen her husband at 11am on June 29, 2004. PC Marshall was giving evidence at the trial of former police officer Douglas Fleming, 50, of 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. He told advocate depute Alex Prentice QC that Mrs Toner described her husband as the owner of a bin cleaning company. PC Marshall was asked by Mr Prentice: "Did she say he had ÂŁ20 to ÂŁ40 in cash on him and did not have bank accounts or credit cards," and replied: "Yes." The court heard that Mr Toner regularly attended the Key to Life Gym in Pollokshields. Retired PC Gordon McWatters told the court: "The last place Mr Toner had been seen was the Key to Life gym. His car a silver Saab had been left there and his car key had been handed in." Earlier self-employed builder John Arthur, 52, from Bishopton, who knew Mr Toner said: "He classed Mr Fleming as a good friend." Mr Arthur said that Mr Toner visited his home about 7pm on June 28, 2004, to pay back ÂŁ1,000 he had been loaned. At the beginning of July Mr Arthur went on holiday to America and returned home on July 19, 2004 , to find police waiting on his doorstep. He said: "They told me I was a suspect then they took me to Dumbarton police station. I hadn't slept for three days." In court, Mr Arthur said that Fleming and Mr Toner were property developer, but claimed he couldn't remember what Mr Toner had said to him that night. He was asked by Mr Prentice: "Did you tell police 'Martin told me some property they had together in Bearsden had been sold and was due a cut'," and Mr Arthur agreed he had. He said he thought Mr Toner was going to Langbank to speak to Mr Fleming that night. But agreed with defence QC Derek Ogg that Mr Toner has merely said he was going to see someone in Langbank and he had assumed it was Mr Fleming. Mr Arthur said that in 2002 Mr Toner had asked to meet him in a burger bar.. He added: "He looked as if he hadn't slept in a while. He looked devastated." The builder told the jury that Mr Toner claimed that he had had an argument with two brothers, who were living abroad, and one evening one of them came to his door with what he thought was a gun. Mr Arthur said that Mr Toner said it clicked and didn't fire and the man came at him with a knife, which he managed to get off him. Mr Toner then stabbed the man and ran out the door. He added: "He said he hadn't been home because he thought he had murdered the guy. He was really spooked, so much so that he moved house." 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.