Prosecutors have called on jurors in the trial of the man accused of killing Brian Fox to “do the right thing” as they prepare to consider their verdict.
Wes Reid, 20, of Tayport, is accused of killing the 62-year-old on the Nethergate at around 1.15am on January 1 by punching him in the head, causing him to hit his head on the road.
Reid has entered a special defence of self-defence, claiming he “struck out with a single blow” in the belief he was about to be attacked by Mr Fox.
Reid’s co-accused, 25-year-old Adam Valentine of Dundee, has admitted assaulting Mr Fox by punching him on the body, but denies assaulting Sandra Jean Baird to her severe injury and danger to her life.
The pair were acquitted of other charges.
In his closing remarks, advocate depute Mark McGuire, for the Crown, said Mr Fox had sought to be a “peacemaker” in a fight over taxis moments before suffering his fatal injury.
He also suggested that any notion of self-defence on Reid’s part was disproved by the evidence shown at the High Court in Edinburgh.
Mr McGuire said: “On the evening of Hogmanay last year, Brian Fox went out in Dundee to celebrate the New Year. It was to be the last he ever saw.
“The footage confirms what Wes Reid said in his interview – that it was not an attack. No one had any reason to fear an imminent attack.
“Brian Fox’s actions were not that of an aggressor but a peacemaker. He did not attack anyone. He did nothing that would have given anyone reason to believe he was about to launch an attack on anyone.
“He sought to help, to defuse the situation, to get people to calm down – and it cost him his life.”
Earlier in the day, the court was shown the full 75-minute police interview conducted with Reid across January 2-3, which ended with the 20-year-old being formally charged with murder – later reduced to culpable homicide.
In a police interview screened for the jury, the 20-year-old waiter said he had “seen (Fox) coming” and told cops: “I thought he was going to punch me so I punched him.”
When asked how he felt about the fact the man had died, he replied: “Extremely bad. Awful.”
With regard to Valentine, Mr McGuire implored the jury to carefully consider the CCTV which, according to investigating officers, appeared to show Mrs Baird and another person falling on to the road.
The 64-year-old incurred cuts and bruises and was knocked out as a result of knocking her head on the Nethergate.
The prosecutor added: “The Crown submits that his push of Mrs Baird was simply an example of the wanton violence Adam Valentine revelled in that morning.”
Concluding, Mr McGuire said: “There is enough evidence before you allowing you to convict the accused. In my submission, not only can you convict but, if you accept the evidence, you should convict. I only ask you to do the right thing.”
The trial, before Lord Beckett, continues.