Former scenes of crime officer claims he never saw statements from witnesses to fatal fire

A former scenes of crime officer who carried out an investigation into the fire death of 43-year-old Gordon Graham has told a murder trial he never saw any statements from eye-witnesses.

Bruce Duncan was giving evidence at the trial of Barry Henderson, 42, from Fraserburgh, who denies murdering Mr Gordon and attempting to murder his wife Anne by setting fire to a property at 74 High Street, Fraserburgh, on May 3, 1998.

Mr Duncan told prosecutor Jim Keegan QC that he and Alistair Spence, who was an assistant divisional officer with Grampian Fire Brigade, were asked to compile a report on the fire.

He told the High Court in Glasgow their conclusion was that the blaze was started accidentally by a dropped cigarette or the smouldering dropped end of a cigarette falling onto a mattress lying in the hallway.

The report was one of the first joint investigations by the police and fire brigade.

Defence counsel Brian McConnachie QC asked Mr Duncan: “In coming to a conclusion the testimony of eye witnesses must be crucial,” and he replied: “That would be correct. We got information from officers in charge. We relied on them telling us anything of significance.”

The QC said: “Why didn't that happen,” and Mr Duncan said: “I think it was because we were at the early stage of joint reports. I would like to think things have improved greatly.”

Mr Duncan said that the report produced in June 1998 was based on what they saw at the scene of the fire.

Mr McConnachie then said: “None of the eye witness testimony was given to you,” and he replied: “No.”

The report stated that 'catastrophic damage” was caused to the second floor flat in which Mr Graham, who had been drinking heavily, was sleeping.

This was because the front door of the flat was open at a 45 degree angle and the keys were found beside Mr Graham's body.

This combined with the close door being open caused a chimney effect which drew flames up towards the roof.

The court heard that another report compiled many years later indicated the seat of the fire was not the mattress, but an area near to the wheelie bin.

The jury heard that in this area there was a box of burnt matches and a cigarette end.

Mr Duncan agreed that the author of the later report was given information that he and Mr Spence had been unaware of, and added: “We would have to reassess.”

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.