CCTV Tape evidence of 1998 Fraserburgh fire "missing"

A video which may contain important evidence about the fire death of 43-year-old father-of-five Gordon Graham is missing, the jury in a murder trial has been told.

The recording, which showed people and vehicles in Fraserburgh High Street prior to the fatal blaze in 1998, was seized by police from a security camera at Dennis Gordon electrical contractors.

Retired police officer Douglas Rae told the High Court in Glasgow that he and a colleague took the video to the Technical Support Unit in Dunfermline for enhancement on May 7, 1998.

The police's major incident property register shows the video was signed out on May 5, 1998 and returned on May 9, 1998 at 10am. But, now police can find no trace of it.

Mr Rae was giving evidence at the trial of Barry Henderson, 42, who denies deliberately setting fire to the property at 74 High Street, Fraserburgh, and murdering Mr Graham and attempting to murder his wife Anne, on May 3, 1998.

Mr Rae told prosecutor Jim Keegan QC that a number of images were printed out as still photographs at Dunfermline.

When asked where the video was now he replied: “I have no idea.”

Defence QC Brian McConnachie said: “It was presumably not returned to Dennis Gordon. It might be an important piece of evidence,” and Mr Rae replied: “Possibly.”

The former policeman was then asked if the video could have been returned to the property keeper and said: “It is possible. I don't know.”

The court heard that numbers written on the still photographs were alleged to relate to the time they were taken.

Mr Gordon had told police that the recorder was set to go on each night at 10pm and the eight hour tape lasted until 6am.

Mr McConnachie said: “You weren't in Dunfermline for more than four hours, you couldn't have watched an eight hour video,” and Mr Rae responded: “We never watched the entire video.'

He was asked how it was calculated that the first still photograph corresponded to 1.14am and replied: “I don't recall exactly how we got to that position. We could have fast forwarded it.”

Mr Rae was then asked if there were any workings to show how the calculation was done and said: “I can['t remember there being any workings. However we did have a time when police and fire brigade arrived on the scene.”

Mr McConnachie told him: “There seems to be an element of speculation,” and Mr Rae replied: “Yes.”

The QC then went on: “What nobody has done is produce a still with the police or fire brigade in it and nowhere is there any indication that the timing of the video was accurate,” and Mr Rae replied: “That's correct.”

The jury also heard that although the still images were put into an album none of the witnesses to the fire was shown them until 11 years later when a review was carried out of the case.

Mr Rae said of the photographs: “I wasn't asked to show them.”

He was then asked if the images in the missing video were better quality that the stills and replied: “It's generally always the case.”

Mr McConnachie then said: “The only way we would know if the video footage was any better was if we had the video,” and Mr Rae told him: “Yes.”

Henderson is also accused of assaulting a woman in a nightclub in Fraserburgh, by kicking her on the leg and attempting to punch her, and of committing a breach of the peace at a nearby car park on May 3, 1998.

He also faces another charge that he behaved in a threatening manner on a bus between Crimond and Fraserburgh last November.

Henderson denies all the charges against him and has lodged special defences of alibi and incrimination.

The trial before Lord Ericht continues