Murder accused "involved in fight" with victims sons, court hears
Barry Henderson denies the murder of Gordon Graham in 1998
A murder accused was involved in a fight with the sons of the man he is alleged to have killed hours before the fatal blaze broke out, a court has heard.
Barry Henderson, 42, from Fraserburgh, denies murdering Gordon Graham, 43, 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 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.
Publican William Morrison, 40, was asked by prosecutor Jim Keegan QC: “Was there an incident at Sugar and Spice in the High Street on May 2, 1998,” and he replied: “I never saw it. I think there was a fight or skirmish. It was a fight between Barry Henderson and a couple of the Graham lads.”
The High Court in Glasgow has heard that Mr Graham had three sons David, James and Dean.
Mr Morrison was asked: “How was Barry Henderson and replied: “I think he had a bruised nose.”
The publican said he took Mr Henderson to his mother's home, washed his face and gave him one of his jumpers to wear.
Later that night they both went to DJs nightclub, but went their separate ways inside.
Mr Morrison told the court when he and some friends left the nightclub around 2am or 3am they noticed a fire in High Street.
The court has heard that Mrs Graham was rescued from the blaze.
Mr Morrison told defence QC Brian McConnachie that he had been detained by police on December 3, 2009 for the murder of Mr Graham after police re-opened the inquiry.
Mr McConnachie then says: “You answer all their questions and make it clear if you had any information you would have told them,” and Mr Morrison replied: “Yes.”
The QC then said: “The police asked you what your involvement in the murder of Gordon Graham,” and the witness replied: “I had no involvement in the murder.”
Mr Morrison was then asked if anyone had ever confessed to him and said: “No.”
Earlier witness Steven Third, 40, from Fraserburgh, told the court that Mr Graham was often in the pub the Wynd Tower across the road from his home.
Mr Third said on May 2, 1998 he and Mr Graham played pool and had a few laughs.
He was asked by prosecutor Mr Keegan: “Did his behaviour change when he had a drink in him,” and Mr Third replied: “The night in question he was argumentative and maybe a wee bit more aggressive.
“I recall being in the toilet and he was having an argument with I don't know who. I said 'calm down and go home.'”
The court was told that the Grahams had two flats and that upper flat, where Mr Graham was staying that night, was used when he had had a lot to drink to keep him away from his wife.
Defence QC Mr McConnachie said: “There were two flats and one of them was for use by him when he had been drinking too much to keep him away from his wife,” and Mr Third replied: “Yes.”
The court heard that the Graham who were dubbed “the family from hell' had been moved from Fife to Fraserburgh three years before the fatal fire.
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