Trial hears woman who died in Kilmarnock fire suffered burns to almost half of her body
William Kelly is accused of murdering 71-year-old Cathy at their home in Kilmaurs Road
Last updated 12th Dec 2017
Alleged murder victim Cathy Kelly suffered burns to 45 per cent of her body, a pathologist has told a jury.
Dr Emma Kemp was giving evidence at the trial of the 71-year-old’s son William Kelly, 42, who denies punching and kicking his mother before dousing her with petrol and setting her on fire.
The incident allegedly took place at the family home in Kilmaurs Road, Kilmarnock, on February 11.
Dr Kemp told the court that Mrs Kelly had bruising and broken ribs and suffered second degree burns to 45 per cent to her body. She also had a cut to her tongue and bruised lips.
She told prosecutor Ashley Edwards QC that she had examined Mrs Kelly's windpipe and had found no soot there.
Dr Kemp said: “The lack of soot in the airways suggests that Mrs Kelly was either dead when the fire started or dead very soon afterwards.”
The pathologist added: “It suggests she was dead or deeply comatose at the time the fire occurred. Because it would be exquisitely painful and a person would respond to that, and not to respond would mean she was deeply comatose or dead.”
Ms Edwards asked: “Could that be because of blows to the head minutes before,” and Dr Kemp replied: “Potentially. The post mortem examination found evidence of blunt force trauma.”
The pathologist was then asked by Ms Edwards: “Is this consistent with kicking and punching and thereafter being set alight,” and she replied: “Yes.”
The prosecutor went on: “Lacerations to the lips and bruising to the tongue could that be consistent with blows and her being face down in the carpet,” and the pathologist responded: “There is the possibility that it could have been caused by smothering. Pressure could have been applied to the back of the head forcing her face into the ground."
The jury was told that the cause of Mrs Kelly's death was unascertained.
Ms Edwards asked: “What caused Mrs Kelly's death,” and Dr Kemp replied: “A head injury, suffocation or burns or a combination of all three.”
The prosecutor then said: “It was as a result of trauma within the living room of Kilmaurs Road,” and Dr Kemp said: “Yes.”
Defence QC Gordon Jackson said: “This could have been caused by a blow or the lady hitting something,” and the pathologist agreed.
Mr Jackson asked if the trauma could have been caused by Mrs Kelly falling as she got out a taxi when she returned home that night from a 21st birthday party and Dr Kemp said: “Yes.”
But she added it was “unlikely.”
She was also asked if Mrs Kelly could have injured herself falling off a sofa and said: “I don't think it can be entirely discounted, but it is less likely.”
The trial before judge Lady Stacey continues.