Prosecutor says Kilmarnock woman's death in fatal fire was 'the stuff of nightmares'
William Kelly denies murdering his Mother Cathy by pouring petrol on her and setting it alright
Last updated 13th Dec 2017
A prosecutor’s told the High Court in Glasgow the death of Kilmarnock grandmother Cathy Kelly is 'the stuff of nightmare’, as she urged a jury to convict her son of murder.
Ashley Edwards QC was giving her closing speech at the trial of William Kelly, 42, who denies murdering his 71-year-old mother at their home in Kilmaurs Road, on February 11, by punching and kicking her and then pouring petrol on her and setting her on fire.
She told the jury: “You might think this is a crime of of unimaginable violence, horror and depravity. You might think this is the stuff of nightmares and the murder of Cathy Kelly is all these things and more.
“But you must come to your verdict solely on the evidence – and that evidence is clear and unequivocal.”
Ms Edwards added: “What Cathy Kelly suffered at the hands of her son – ma boy as she called him – is a picture so clear and what emerges is the guilt of William Kelly for the brutal murder of his mother.
“I urge you to find William Kelly guilty of murder. The evidence shows that the accused has brutally beaten his elderly mother while shouting: “Die” and then poured petrol on her and set her on fire.”
Ms Edwards said during her speech at the High Court in Glasgow that a verdict of culpable homicide was open to them, but continued: “The verdict I'm asking you to return is guilty to murder.”
Ms Edwards said the starting point for finding Kelly guilty was to look at the evidence of Kelly's former partner Eleanor Kelly who claimed in evidence he beat up his mother, then poured petrol over her and set her on fire.
Mrs Banks said that Cathy 'went up like an inferno."
The prosecutor told the jurors there was also evidence that Kelly told a nurse while he was in hospital: "I did what I had to do. I was provoked. She got what she deserved."
But defence QC Gordon Jackson told the jury that they should acquit Kelly.
He told the jurors that the Crown case relied heavily on the evidence of Eleanor Banks and said they should be very wary of trusting her account of what happened.
Mr Jackson added: “Is it not a bit of a coincidence that the witness the Crown relies on turns out to be the person who is the biggest possible beneficiary.
The court has heard that Mrs Kelly disinherited her daughter Catherine Cree and left all her property to her son Kelly.
But Mr Jackson told the jury that Mrs Kelly wrote into her will a clause stating that if anything happened to Kelly her estate was to go to Mrs Banks.
Mr Jackson said: “If William can't get the money for some reason, like he is convicted of murdering his mother, it all goes to Eleanor Banks.'
The QC then told the jury to find Kelly guilty of murder they would have to be convinced beyond a reasonable doubt that he both assaulted his mother and set her on fire.
Mr Jackson added: “He says he didn't hit his mother and says he did not deliberately set her on fire.
“Everybody says he was concerned about his mother. He cared.
The trial continues.