Chef tells court murder accused confessed to setting fatal fire

A chef’s told a jury that murder accused Barry Henderson confessed to setting the fire in which a 43-year-old father-of-five died.

Malcolm Chalmers, 39, 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

Gordon Graham and attempting to murder his wife Anne Graham, on May 3, 1998.

The Graham family , who moved from Glenrothes, Fife, about three years before the fatal fire were dubbed “The Family from Hell.'

Mr Chalmers told the High Court in Glasgow that he was in the street sometime between 2003 and 2009 with some friends when Henderson spoke to them.

He said: “Barry said he and PeeWee got rid of the family from hell by killing the dad. He said they lit the fire and killed Gordon Graham.”

Prosecutor Jim Keegan QC asked: “Do you remember the context of this conversation,” and Mr Chalmers replied: “The only thing I remember is the conversation that came out of Barry's mouth.”

Mr Keegan went on: “What he said related to responsibility for the fire,” and Mr Chalmers said: “Yes.”

The court has already heard that PeeWee is the nickname of Steven Duthie, who was detained by police in 2009 for murder. He was interviewed at Livingston Police Station and held for six hours without charge.

Mr Chalmers, who is a former drug addict and dealer, was asked by defence QC Brian McConnachie: “This was not an idle chit chat . It is somebody confessing to you about a murder,” and replied: “Yes.”

The chef told the court that he was not a friend of Henderson, but sold him drugs, and was then asked by Mr McConnachie: “Why should he unburden his soul to you,” and he replied: “It wasn't to me it was to a group.”

When asked if he went to the police with this information Mr Chalmer said: “No, it was none of my concern if somebody is stupid enough to brag about something – whether guilty or not. It's up to them.”

The jury heard that Mr Chalmer made a statement to the police in December 1, 2009, at Fraserburgh Police Station, after a review of the fatal fire was ordered.

Mr McConnachie asked Mr Chalmers: “Given the lifestyle that you were living at the time how on earth do you remember the conversation,” and he said: “It's not something you hear everyday.”

He agreed that there had been rumours circulating for years about who set the fire and one of the names that was mentioned was Henderson.

It was suggested to him that he had made up the alleged confession after saying nothing for years to get the police off his back, but he denied this.

Mr McConnachie said: “You just gave up a name which you had heard in rumours and gossip,” and Mr Chisholm replied: “No, I gave up the truth.”

The jury heard that Mr Chalmers has a number of previous convictions for fire raising, including a conviction for wilful fire raising at the High Court in Aberdeen in 2001 for which he received a 47 months jail sentence.

In his police statement Mr Chalmers said that Henderson made the comments about setting the fire after a chat about foreigners getting houses and then the Graham family came up in the conversation.

Mr McConnachie put to Mr Chalmers that he had made it up based on rumours and gossip heard in Fraserburgh, and he said: “No, he said it in front of me.”

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.