DUNDEE MURDER TRIAL: Witness says man shouted ‘that’s him dead’ at time of alleged killing

A woman claims she heard a man shout “that’s him dead” around the time of an alleged murder.

Wendy Ross, 51, was giving evidence on the second day of the trial of Arran Fender.

Fender is accused of murdering 44-year-old Gary McMillan at the junction of Lawton Road and Lawton Terrace on May 16 last year.

Gary McMillan

The 31-year-old denies the charges against him and claims he was acting in self-defence, saying Mr McMillan ambushed him after he armed himself with a knife.

Jurors at the High Court in Edinburgh heard that Ms Ross was in a bedroom at her flat in Byron Street at around 2am when she heard shouting from outside.

Ms Ross said: “At first I heard someone shout: ‘Gary, I’m coming to get you’ then somebody was shouting that he was a warrior. I believe it was the same voice.

“I heard a smash and I got up to have a look. It sounded like a mirror being smashed.”

Ms Ross told the court she thereafter saw a man wearing light trousers and a dark jumper walking down Lawton Road.

On the first day of Fender’s trial, a woman who was staying close to where the killing took place, gave evidence. June King, 53, said she heard shouting and arguing from a bedroom in her father’s home near to where the alleged incident happened.

Ms King told the High Court in Edinburgh that she witnessed two men arguing from a bedroom window at her father’s home at around 2am. She said: “I got up, looked out the window, shut the curtain and went to the toilet. I came back and it went on for about 15 to 20 minutes.

“I knew it was males, but I wasn’t able to tell. I knew there was fighting. One point, I heard somebody say ‘I’m a warrior’ and ‘There you go, are you happy now?’. I kept hearing the same voice that was the one that said ‘I’m a warrior’. I never actually saw them strike one another.”

Ms King said she saw two males, unknown to her, jump “backwards and forwards” before a female arrived. She added that the noise stopped after the phrase “are you happy?” was uttered.

The High Court also heard from taxi driver Paul Fordyce, 39, who said he picked up Fender before the alleged incident. He believed Fender had been drinking alcohol and was “talking gobbledygook”.

Mr Fordyce told jurors Fender presented a knife in the car after taking him to Lawton Terrace.

Mr Fordyce said: ‘I got a bit of a fright and said ‘What the hell are you doing?’”

Mr Fordyce said Fender joked about the driver’s prints being on the knife before saying: “I’m only joking mate, I’ll wipe them off.”

He said Fender was shouting for a woman to come out of a flat before calling on a man named “Gary”.

Jurors heard that a man was seen at the top of the stairs outside the block of flats.

Mr Fordyce then drove away, leaving Fender talking to a woman in the street.

Mr Fordyce said he left the scene because Fender was “potentially violent”.

Prosecutors allege Fender inflicted blunt force trauma to Mr McMillan and repeatedly struck him on the body with a knife or similar instrument.

Fender is additionally accused of attempting to pervert the course of justice by giving his mother, Annie Hamilton, clothes and footwear he had been wearing when he allegedly stabbed Mr McMillan before asking her to dispose of them in a bin chute at Lansdowne Court, Dundee. Fender denies possessing a knife on May 15 and threatening Mr McMillan with a knife between February 1 and March 31.

The trial, expected to last 10 days before judge Lady Carmichael, continues.

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