Former fire chief recorded fatal 1998 Fraserburgh fire as "accidental"

A former fire chief’s told a murder trial that he carried out an investigation into the blaze in which 43-year-old Gordon Graham died.

Alistair Spence, 59, was an assistant divisional officer in the Fire Brigade in May 3, 1998 when the fatal fire occurred in Fraserburgh High Street.

He was giving evidence at the trial of Barry Henderson, 42, from Fraserburgh, who denies wilfully setting the fire and murdering Mr Graham and attempting to murder his wife Anne.

Yesterday at the High Court in Glasgow Mr Spence said: “We were still fighting the fire when I got there. We tried to work out where the fire had started and work our way up to where the casualty was found.”

He said that there were no smoke detectors in the building, but added that these were just beginning to be introduced in 1998.

Mr Spence said in his report, which was compiled jointly with the police, that there were four main areas of damage caused by the fire.

These were the stairwell, the second floor flat Mr Graham was sleeping in, the roof and the rear of the property.

Mr Spence said that that he door to the second floor flat was open at the time of the fire, as were the toilet door and bedroom door.

Prosecutor Jim Keegan QC said: “In your report you say the toilet and the bedroom were gutted, is that correct,” and he replied: “Yes.”

The living door which was closed was not affected by fire damage. Mr Spence said: “I think the living room door being closed would have protected it from the fire.'

The jury was also told that the entry door to the common close was open at the time of the fire and the Yale lock on it was broken.

There were a number of items in the common close and stairway at the time including a wheelie bin, a plastic plant, a plank of wood, a mattress and a set of metal ladders.

Mr Spence said in his report that near the wheelie bin a box of spent matches was found.

Mr Keegan said: “You say that the wheelie bin was not the site of the fire,” and Mr Spence replied: “That's correct. It didn't have any fire signs. The rest of the hallway was black.”

The jury was shown photographs of the smoke-damaged property, including a few which showed Mr Graham's body

They were warned in advance that they might find these photographs distressing.

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