| However, the wheels of justice were halted for some when some of the main players were caught in traffic jams caused by roadworks to the west of Dundee.
Vicky’s disappearance, in February 1991, sparked one of Scotland’s biggest missing person inquiries.
Tobin (62) denies that on February 10, 1991, at locations in Bathgate, he abducted, compelled or otherwise induced the teenager to accompany him to his home in Bathgate and there or elsewhere in Scotland assaulted her, drugged her, struggled with her, compressed or otherwise injured her neck, indecently assaulted her and murdered her.
He also denied that between February 10, 1991, and December 15 the same year, at his home in Bathgate, at St Andrew’s Square, Edinburgh, at an address in Margate and elsewhere in the UK, he attempted to defeat the ends of justice.
The charge alleges that he concealed Vicky’s body; removed and disposed of items of clothing and footwear and other of her belongings; that, knowing a missing person inquiry was under way, he deposited a purse belonging to Vicky under a portable building with intent to mislead police officers into believing she had run away from home; bisected her body with knives and similar instruments and bound and wrapped her body in coverings and bin bags; disposed of and concealed the knives; and that he concealed, transported and buried her body parts.
Tobin has lodged a special defence of alibi.
The court heard his position is that between 5 pm and midnight on February 10, when the crime was committed, he was in the Portsmouth area and then travelling from southern England to Scotland and did not return to Edinburgh before 6.30 am on February 11.
Before adjourning the trial briefly, Judge Lord Emslie asked the jurors to consider if they had any personal knowledge of the case.
If they had any connection with Bathgate at the time Vicky Hamilton was believed to have disappeared or if they had been involved in the search for her, he asked them to make that known to the clerk of court.
Similarly, if they had known Vicky or her family, or had met Tobin or members of his family, it was important for them to make that known, he said.
If their previous or special knowledge of the case came to light at a later stage, it could cause serious complications, he explained.
Solicitor General Frank Mulholland QC is leading the case for the Crown and the defence team is headed by Donald Findlay QC.
Lord Emslie, in his introductory remarks to jurors, explained that prosecutions in Scotland are generally brought in the name of the Lord Advocate, one of the two senior law officers with ministerial responsibilities in Scotland.
Trials are usually conducted by an Advocate Depute but, from time to time, the second most senior of the Law officers, the Solicitor General, will conduct trials, as is happening in this case.
He warned jurors against speaking about the case to anyone outside their number, explaining that they were required to reach a verdict solely on the evidence and so it was important they should not have input from family or friends who would be naturally curious about the trial.
He also warned against jurors being influenced by published or broadcast sources of information and told them that they were not to investigate on their own initiative.
“All these are off limits and out of bounds to leave you free to concentrate on the evidence and this is the only basis on which to reach your verdict,” he told jurors.
The first witness, Barry Harris (32), a divisional intelligence analyst with Lothian & Borders Police, based at Livingston, said he had prepared a series of maps in connection with the case.
The first was a map of Bathgate, showing the town centre and streets in the area together with the location of police, bus and train stations.
He also produced a map of St Andrew’s Square in Edinburgh, showing the lay-out of the bus station there and, in particular, the location of a portacabin at one corner of the complex.
The final map was one of Margate, in the south of England, showing the location of Irvine Drive in the town.
The Solicitor General explained the time required to get the trial under way was difficult to predict and to avoid the necessity for witnesses to attend and sit around uncalled to give evidence, he had limited proceedings to a single witness today.
He said there were other matters that could be dealt with which would help the trial proceed smoothly and he proposed to do this for the remainder of the day before resuming at 10 am tomorrow.
The trial continues before a jury of 12. |
