Man cleared of killing 62-year-old in New Year's Day Dundee taxi-rank brawl

A man was cleared of committing a killing today after trouble flared at a city centre taxi rank on New Years Day.

Wes Reid, 20, landed a single punch on Brian Fox who fell and struck his head on the ground.

The 62-year-old, who was trying to act as a peacemaker, suffered a fatal head injury in the incident at Nethergate, in Dundee, on January 1 this year.

Reid, of Newport Road, Tayport, in Fife had denied killing Mr Fox and maintained that he acted in self defence.

A jury at the High Court in Edinburgh acquitted him of the culpable homicide on a majority not guilty verdict.

The court heard that as Mr Fox approached a group, including Reid, he was heard to say "calm down".

Following the verdict the trial judge told jurors: "Mr Fox appears to have done absolutely nothing wrong whatsoever."

Lord Beckett said: "The punch which caused him to fall and die was one punch from a young person and it occurred in circumstances where Mr Fox, a much larger man, was approaching the person and reaching out."

The judge said: "I make no criticism of the verdict returned." He added that it was "a very difficult case".

During an interview with police Reid told officers that he thought he was going to be punched and struck out with his right hand before Mr Fox hit the ground.

He was asked how he felt to hear that he had died and replied: "Extremely bad. Awful."

The Crown had sought a guilty verdict against Reid for culpable homicide and advocate depute Mark McGuire told jurors: "Brian Fox sought to help to try to diffuse the situation, to try to get people to calm down and it cost him his life."

He said: "On the evening of Hogmanay last year Brian Fox went into Dundee city centre to bring in New Year. It was the last New Year he was ever to see."

The prosecutor had argued that Reid, who had also been out in the city centre, launched "a spontaneous and unprovoked attack".

Gordon Floyd, 52 who was out with his wife said he saw Mr Fox walking towards two girls who were fighting.

He told the court: "I heard him say 'calm down'. One of the youths walked towards him and hit him. The guy fell to the ground. That's when I heard the crack."

Reid's co-accused Adam Valentine, 25, had originally faced a charge of killing Mr Fox while acting together with Reid.

But following a legal debate during the trial Lord Beckett upheld a defence submission challenging the evidential basis for that charge.

He then admitted a reduced charge of assaulting Mr Fox by punching him on the body. The attack occurred after the fatal blow had been struck.

The first offender was also found guilty of committing a further assault at the taxi rank when a woman was knocked unconscious after he pushed her and she struck her head on the ground.

Shop manager Sandra Baird, 64 had been out for a meal with a friend before she was attacked.

She said she was pushed from behind and fell across the road and was knocked out.

She suffered a wound to her chin and has been left with tinnitus after the blow to her head.

Valentine was convicted of assaulting her to her severe injury and to the danger of her life.

The attacks at the taxi rank were caught on camera and the jury were shown CCTV footage during the trial.

Sentence was deferred on first offender Valentine, a prisoner in Perth, until next month for the preparation of a background report.

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