Woman tells murder trial death of pensioner in Kilmarnock was no accident

A woman told a murder trial that the death of 71-year-old Cathy Kelly in a fire was no accident.

Eleanor Banks, 44, a mother-of-five, was giving evidence for a second day at the trial of her ex-partner William Kelly who denies murdering his mother by pouring petrol over her and setting her on fire on February 11 at their home in Kilmarnock.

She has told the jury at the High Court in Glasgow that she saw 41-year-old Kelly beat his mother, pour liquid over her as she lay face down on the living room floor and then set her ablaze.

Defence QC Gordon Jackson yesterday suggested to Mrs Banks that she was lying.

Mr Jackson said: 'I'm suggesting there never was petrol in the living room,' and the witness replied: 'The truth is William had a can of petrol, but where it came from I don't know.'

The QC pointed out to Mrs Banks that a statement she gave to the police just hours after the fire made no mention of any assault on Mrs Kelly.

She told the jury: 'I was in shock. I couldn't remember what I was saying,' and added: 'Cathy Kelly lost her life in that fire. I didn't need to add anything to it to make it worse.'

The court as told that in a police statement given three days after the fatal fire she told officers that Kelly had assaulted his mother that night and on other occasions and also said he had assaulted her.

Mrs Banks broke down as she recalled the last words Cathy said to her. She told the jurors: 'We were sitting in the back of a taxi coming back from my son's 21st birthday party and I asked her if she was okay and she said: “I'm alright hen.'

The witness said that Mrs Kelly never said anything in the house.

She was asked by Mr Jackson what state she was in and replied: 'I don't know Cathy was lying face down.'

The QC then said: 'Cathy's lying there according to you, badly beaten, needing help what help were you giving her,' and Mrs Banks responded: 'I never seen what was coming. I thought he would have stopped and gone away. I'll regret to my dying day I was not there to help her.'

Mr Jackson said: 'You never saw her being beaten and the pouring of the petrol and setting on fire never happened,' and Mrs Banks replied: 'I saw it.'

He added: 'There was a terrible tragedy the night of the party. There was no beating and the fire was accidental. You have exaggerated or made up the violence,' and Mrs Banks replied: 'I'm telling the truth.'

The QC then said: 'Can I suggest that what would make sense is she was very drunk and the fire was accidental,' and Mrs Banks said: 'That didn't happen.'

Mrs Banks was asked if she was making up the violence she claimed was inflicted on Mrs Kelly and she replied: 'Definitely not.'

The trial before Lady Stacey continues.