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Pathologist quizzed over dates Liam killed              24/5/13

Liam may have died days after the date the prosecution claim he was murdered, it was put to a pathologist at Glasgow High Court.

The prosecution in the trial of two Lewis men accused of killing Liam Aitchison believes the teenager was dead by 2am on Wednesday 23 November 2011.

Yesterday, defence counsel Iain Patterson said it could not be ruled out that Liam was killed two, three or four days before the pathologist’s examination of his body, which was carried out the day after he was found in a derelict house in Steinish, Lewis.

Johnathan Mackinnon and Stefan Millar, both 22 years, deny murdering Liam Aitchison.

The court heard pathologist attended at the scene on Thursday 30 November 2011, a day after Liam’s body was found in Steinish.

A post mortem was held in Inverness on December 2nd, some nine days after the prosecution say Liam was killed.

The “postmortem interval” - the time which elapsed since Liam died - is “very much an issue,” said prosecutor Iain McSporran.

He said the prosecution’s scenario was that Liam Aitchison was dead by two o’clock in the morning on 23 November.

He asked consultant pathologist Dr Rosslyn Rankin: “Is there anything that would exclude the possibility that Liam Aitchison was killed in the early hours of Wednesday 23rd November?”

The witness replied: “No.” She said there were factors to support her opinion as the case involved a young man who weighs nine and a half stone, is five foot, eight inches and of thin build.

She said: “If you don’t have a lot of body fat, you will lose heat more quickly.”

Dr Rankin added Liam was semi-naked, wearing a T-shirt but no trousers.

She said he was found in a cold, unheated building. It was draughty because of the broken window and beneath the carpet was a concrete floor.

These were all significant factors, she said, which would delay the onset of rigor mortis.

She explained rigor mortis is the stiffening of a body after death. In the first phase rigor mortis is absent. It is complete in the second phase where there would be no movement of the joints. In the third phase there is a gradual loosening again of joints until rigor mortis is completely absent again.

She said, in general, cold temperature and the factors in Liam’s case likely delayed the first phase, prolong the second phase and potentially the third phase.

She also said that the settling of blood indicated that he was “lying face down for at least a number of hours” after he died.

Defence counsel Iain Patterson said it could not be ruled out that Liam was killed two, three or four days before the pathologist’s examination of his body.

He said he was trying to “work backwards” to calculate the days.

Mr Patterson said the air temperatures measured at the adjacent Stornoway airport were mostly above refrigeration levels.

He said: “The temperature for November is relatively mild,” and was consistent and around 11 degrees Celsius.

“The temperature is higher than one might expected,” he said.

The witness agreed temperature played a significant part in working out rigor mortis times.

Mr Patterson indicated there would be a change in temperature in the environment the body was in when transported by van to post mortem in Inverness.

The pathologist said she used the Hennssge method of calculating rigor mortis, because if was underlined with “lots of lay studies.”

She said the Professor Bernard Knight criteria gave a different timescale.

Mr Patterson asked: “If you use his (Knight’s) criteria your opinion would come down?”“

Dr Rankin said Knight’s method would take it down from between three and four days to between two and three days.

Mr Patterson said: “You can’t rule that out that the deceased was killed two, three or four days before.”

The witness replied: “In all probability, I believe death would occur several days prior to my examination.”

She said this would more than between two and four days from November 30th.

Mr Patterson highlighted a lack of discolouration on Liam’s skin.  

Dr Rankin said it would not be if the body is at the “equivalent of refrigeration at that time.

Mr Paterson said: “It is highly, highly, highly unusual” to have no sign of discolouration if a person was dead for nine days.

The witness replied: “I think there are factors here which will accelerate heat loss and retard decomposition.”

Mr Patterson again queried the lack of external discolouration on the abdomen.

He asked: “Will you accept that is highly unusual.”

The witness replied: “In general terms, its highly unusual - that’s as far as I will go.”

Johnathan Mackinnon and Stefan Millar, both 22 years, deny the murder of Liam Aitchison.

The trial, before judge Lord Kinclaven, at Glasgow High Court continues today.