Mother tell court she thought carers murdered her missing daughter

Margaret Fleming hasn't been seen for more than 18 years. Edward Cairney and Avril Jones deny murdering her

Published 3rd Oct 2018

A Mother told a jury she had concerns about murder accused Edward Cairney and Avril Jones looking after her daughter. Margaret Cruickshanks, 71, said that until police launched a missing persons investigation in 2016 she thought her daughter Margaret Fleming was '”getting on with her life and enjoying herself.”

Miss Cruickshanks added: “I never thought anything like this had happened.”

She was giving evidence at the High Court in Glasgow where Cairney, 76, and Jones, deny murdering Margaret Fleming at Seacroft, Main Road, Inverkip, between December 18, 1999 and January 5, 2000.

Margaret has allegedly not been seen for more than 18 years - she would be 37.

Miss Cruickshanks said that after Margaret's father Derek died in 1995 Cairney and Jones volunteered to help care for her.

They had Margaret, who was on benefits for a learning disability, to stay at heir home in Inverkip for days at a time.

Mr McSporran asked her: “Did you have any concerns about their ability to look after Margaret,” and she replied: “I did, but I did everything I could.'

The Qc then said: “Did you think you were welcome in her life,” and she replied: “No, I didn't think so.”

Miss Cruickshanks sobbed in court as she told prosecutor Iain McSporran QC of going to the couple's house to collect Margaret and being told she was not going home with her.

She told the court she thought it was November 1996, but Mr McSporran said that police had noted the date as November 26, 1997.

Miss Cruickshanks said: “I wanted to bring my daughter homer and they wouldn't let me bring her home.”

The witness told the court that she and Cairney had words and added: “He wouldn't let me take her home. He actually threw me up against a wardrobe. He put his hands round my throat and started to spit on me.”

She was asked where Jones was during this alleged incident and replied: “She was watching everything that was going on. Margaret was upstairs. I shouted her down and said to her 'Where do you want to live. She looked terrified and said there at Seacroft.”

The jury heard that Miss Cruickshanks reported this to the police and said she wanted to be sure that Margaret was happy there. The police who spoke to her said she wanted to stay with Cairney and Jones.

Her mother said that when Margaret stayed at Seacroft her bedroom was upstairs - a small attic room with a bed and a table.

The jury has been shown photographs of the house taken in November 2016 which show both the attic rooms covered in clutter and neither had a bed.

Earlier in her evidence Miss Cruickshanks revealed that Margaret had a temper and said: “She took all her anger out on me.”

So when Cairney and Jones, who were friends of her late husband, volunteered to provide respite care and take Margaret for a week at a time, she accepted their help.

The court heard that Miss Cruickshanks sent a Christmas gift to her daughter shortly after she moved in with Cairney and Jones.

It was returned with a hand written note asking her to collect the present or it would be donated to a charity shop.

Miss Cruickshanks was later quizzed about a possible sighting of her daughter with Cairney at a supermarket.

The witness told Cairney's QC Thomas Ross that she "thought it was Margaret".

Mr Ross: "You saw Eddie Cairney say something to the person and the person turned around to look at you."

The witness: "It was outside Morrisons."

The QC went on: "It would be consistent with Eddie Cairney saying: 'That's your mum' and Margaret then turning round?"

Miss Cruickshanks: "Yes, I told you that."

Mr Ross then said: "If we hear evidence that something like that did happen but it was 2013 or 2014...could it have been as recently as that?"

She replied: "I don't remember."

Jurors heard Margaret was aged 5 when her parents split.

Miss Cruickshanks moved out while Margaret stayed with her dad.

The couple later divorced - Derek Fleming died in 1995 before Margaret was then initially looked after by her grandparents.

The trial before judge Lord Matthews continues.