Mum Cleared Of Drug Dealing
A Mum has been cleared of being involved in drug dealing after claiming her murdered ex boyfriend was to blame.
A Mum has been cleared of being involved in drug dealing after claiming her murdered ex boyfriend was to blame.
Diane Milne, 31, told a jury her former partner Sean Humphrey was the real criminal who stashed £60,000 of cannabis in the flat they shared.
The 31-year-old wept as she told a court: "It's meant to be Sean standing here not me".
She claimed she is still dealing with "the consequences of his lifestyle" after his death.
Humphrey, 26, was stabbed to death at his flat in Shettleston, Glasgow on October 28, last year by pal Steven Ross.
After a trial at Glasgow Sheriff Court the charge of being concerned in the supply of the drug on January 16, last year against Miss Milne was found to be not proven.
She denied the charge and had lodged a special defence of incrimination, naming Humphrey.
The court heard Miss Milne, from Shettleston, moved out of the flat they shared in Denbeck Street, back into her mum's house nearby in early January 2013.
And, that a week later she saw a light on in the living room on the day of the alleged offence as she was passing and went into the flat, thinking it was Humphrey.
Instead she saw the police with a search warrant, who found a stash of cannabis in a box in her wardrobe worth up to £60,000.
Her fingerprints were on the box and the search warrant was in her name.
She explained to the court that was because the tenancy was in her name and the box had previously been used to store toys in.
The mum-of-one was arrested and appeared in court on January 17, 2013 and was granted bail.
She claimed she told Humphrey when she was released about the charge and he confessed that the drugs were his.
Procurator fiscal depute Deborah Carroll asked when she told the "authorities" about the drugs being Humphrey's.
She said: "I didn't. I was coming to court - this is the authorities."
She accepted she gave no information prior to Humphrey's death about his alleged involvement.
Miss Milne said: "He was going to provide it himself, he said."
Mrs Carroll put to Miss Milne that the first time she incriminated her ex partner was after his death.
In tears, she replied: "That was my first diet, it's meant to be Sean that's standing here not me."
She told the jury: "If Sean was here he would be here with me as my witness."
The court heard Miss Milne's first appearance at court was on October 31, three days after his death.
She was asked if she knew where a property on Etive Street was and said: "Yes, that's where Sean was murdered."
The jury were told that was a flat Sean - who had drugs convictions - moved into at the end of January 2013.
Miss Milne told the jury: "I feel as if I tried to grieve for him, it didn't work, I am still dealing with the consequences of his lifestyle."
Steven Ross was jailed for 20 years for the murder of his "good friend" Humphrey.
Ross is the son of Gordon Ross who was a close associate of Tam "The Licensee" McGraw, who was murdered after being lured from a pub 12 years ago.
He stabbed Humphrey 12 times with a knife with an eight-inch blade at the flat.
The fatal wound to the chest cut through a major artery and vein and Humphrey bled to death.