Death threats made to "family from hell" hours before fatal fire, court hears
Barry Henderson denies the murder of Gordon Graham in 1998
Last updated 2nd Aug 2017
A man told detectives that threats were made to kill 'the family from hell” just hours before Gordon Graham died in a blaze at his home.
Yesterday (Wed) at the High Court in Glasgow Jeff Simpson, 38, from Fraserburgh, was giving evidence at the trial of Barry Henderson who denies murdering 43-year-old Mr Graham and attempting to murder his wife Anne in a blaze at 74 High Street, Fraserburgh, Aberdeenshire on May 3, 1998.
It is alleged that Henderson , 42, wilfully set fire to materials in the ground floor stair and landing area before the fire "took effect" in two flats occupied by the Grahams.
Mr Simpson said he could not remember what happened 19 years ago, but told prosecutor Jim Keegan QC that what he told the police in a statement given on May 10, 1998 was the truth.
In it Mr Simpson, who at the time was a fisherman, said he was walking past takeaway Sugar and Spice when he saw Mr Henderson lying on the floor and being repeatedly kicked in the face and punched.
He claimed that one of those assaulting Mr Henderson was Dean Graham – one of the sons of Gordon Graham.
He and friends, who were on a pool team night out with Henderson went to his aid.
In his police statement Mr Simpson added: “Anne Graham, with a child in her arms, came running out of a flat and it appeared the Grahams had people coming from everywhere.
“I also know that Gordon Graham had appeared from the flat. He was in his bare feet. He was running about with his shirt open. I didn't know any of the others. There must have been 12 of them including the six involved in the assault.”
Mr Simpson then told police that Henderson came running out of the shop and added: “It was at this time that Gordon Graham attempted to calm down his family.
“During the fight there were threats made. Both sides made threats to kill. I definitely said to the Grahams I would kill them. I also heard others say that. It was said in the heat of the moment and I did not mean it. I can't say who else threatened to kill them or vice versa.”
The court heard that Henderson suffered cuts to both eyes and burst lips in the incident and his shirt was ripped.
Mr Simpson, who is now a fire and electrical safety worker, said that he, Henderson and other friends went to nearby DJs nightclub and were there until it closed around 2am
He was asked by defence QC Brian McConnachie: “Your statement tells us you were in the car park of DJs in the company of Barry Henderson and others at 2.15am,” and replied: “That's correct.”
Mr Simpson added: “I remember blue flashing lights and the noise and commotion in the street.”
Fiona Lawless. 48, who worked in Sugar and Spice 19 years ago, said he heard Dean Graham say to Henderson 'dinnae say say anything like that to my mum,” before punching him.”
She told the court she also saw Gordon Graham and his other two sons David and James in the shop during the incident.
She said: that after the incident James and Dean Graham were either side of their father and added: “He was very drunk. I remember he did say 'we love you” and he said something else, but I couldn't understand him. The two boys took him away.”
Mr McConnachie said to Ms Lawless: “The Grahams came with a reputation, deserved or otherwise,” and she said: “That's correct.”
The court has heard that the Grahams were dubbed the 'family from hell' and had moved from Fife to Fraserburgh three years before the fatal fire.
Ms Lawless told the court that the family were frequent customers in the takeaway and agreed that Anne Graham had bought cigarettes from the shop on the evening of May 2, 1998.
Mr McConnachie asked Ms Lawless: “Did Anne Graham smoke,” and she replied: “I don't know.”
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