Whoever killed Liam Aitchison would have his blood on them, the jury at an alleged murder trial was told today.
Some blood had been cast a distance from his body within the Steinish house where he died, said Johnathan Mackinnon’s defence lawyer Iain Paterson.
Stefan Millar and Johnathan Mackinnon, 22, both of Lewis, deny murdering 16-
A “very innocent explanation” why three or four drops of Mr Mackinnon’s blood were found on the carpet and a smear on the door handle was because he cut himself at the house some years ago, said the defence agent.
Blood cannot be dated and a perfectly “reasonable and plausible explanation” is that Mr Mackinnon potentially cut himself while known to be breaking into the premises at one time in the past.
Forensic scientist Sarah Jones had told the court it “could have been there for years,” he added.
There is “no single piece of evidence in this case” to say Mr Mackinnon’s blood got there on the 23rd November 2011, when Liam was killed, he said.
Mr Patterson said that Johnathan Mackinnon was said to be drunk that night, it’s a dark night, middle of the night, no streetlights and no electricity.
Any alleged killer would want to “get out pretty quickly,” and would be carrying
the weapon and Liam’s clothes, along a darken hallway strewn with boxes and rubbish
-
There was no evidence of Mr Mackinnon’s dripping blood on the way out, he said.
“There are more curious aspects to this case than you find in a curiosity shop,“ said Mr Patterson.
He said it was stupid and idiotic of Mr Mackinnon to cut his hand but that “doesn’t make him a murderer.”
He said it would be “absolutely crazy” for Mr Mackinnon to get his mum out of bed to go to the Stornoway hospital where there are CCTV cameras and get a knife injury seen to while he’s got blood on his trousers, just after he is said to have killed Liam.
Mr Mackinnon did not display any signs of excitement, agitation, exhilaration or “going crazy” when seen by two nurses at the hospital, very soon after the prosecution alleged the murder took place, he added.
He urged the jury to “think about it. That’s extremely important.”
Mr Patterson also pointed out the prosecution put the time of the alleged murder hours before Mr Mackinnon was supposed to go to Stornoway Sheriff Court on a separate matter.
It was “completely irrelevant” to think there is any importance to Mr Mackinnon telling a nurse his mother thought he was “mentally disturbed.”
Because “its two o’clock in the morning,” he said. Mr Mackinnon got his mother to drive him to hospital at 2am because he “cut his hand like an idiot.”
“Any mother in Scotland” would think the same if woken in the same situation, he suggested.
Mr Patterson said he was ignoring the evidence of Mr Millar’s cellmate, Dominic Long, who previously indicated to the court that Mr Millar made an alleged confession.
The lawyer said: “Anything said by a co-
He also said the cellmate’s “evidence has “nothing to do with Johnathan Mackinnon. You cannot use anything he said against Johnathan Mackinnon.”
It was ridiculous and nonsense if the prosecution was suggesting there was “some
sort of conspiracy was going on” or “a kind of set-
“If Johnathan Mackinnon did murder Liam Aitchison why on earth was he on the phone to Stephanie Flannigan so quickly?”
Lewis taxi driver Donald Macrae had said the house at Steinish where Liam was killed was being used for drinking and other activities, said the lawyer.
Mr Patterson questioned witness Ashley Macdonald’s “dramatic change of position” she stated in court that she saw Liam a week earlier than she previously maintained. Her original date of 25th November was two days after the prosecution state Liam was murdered. The lawyer said the care home log, where she stayed, didn’t back up her initial information but “supports her on the 25th.”
The pathology evidence “actually helps the defence” because the rate of rigor mortis and level of decomposition of Liam’s body was said by a pathologist to be “unusual” when working out the time interval since the alleged date of Liam’s death.
Another pathologist, Professor Busuttil, had said it was “highly unlikely” Liam died on the 23 November.
Mr Patterson said the Crown’s scenario was based on the two accused murdering Liam and not leaving a “shred of evidence.”
He suggested Liam would have been reluctant to return to his friend Pemma’s house
to stay the night as Stephanie Flannigan would be there and it was a “bit awkward
if (Liam) just nicked a bottle of aftershave off her ex-
“Every question being asked of Johnathan Mackinnon in this trial has been answered with a piece of evidence pointing to his innocence,” stated the defence lawyer.
The trial continues.
Liam’s bloodstained killer would want out fast, jury is told 30/5/13
