THE sister of an Irvine man who died weeks after an alleged attack on his birthday has told a murder trial that her late sibling refused to be seen by an ambulance crew following the incident - before waking up "spewing up blood".
Simon Roberts, 38, and Sean McKie, 37, are accused of killing Malcolm McCandlish, who passed away in hospital more than a fortnight after a reported head-kicking assault in the town centre.
Mr McCandlish's sister told the trial, which got under way on Tuesday, that she was attacked in an earlier assault, before her brother was set upon when asking "what you hitting my sister for?"
Margaret McCandlish said Malcolm later refused ambulance treatment, as he 'just wanted to go home' after being knocked unconscious on High Street.
Roberts has claimed he acted in self defence, suggesting that he felt threatened by 'a knife'.
The first witness told the court: "My brother died 16 months ago. I don't have any siblings now.
"We were like that [crossing her index and middle finger together in the witness stand]. We were very, very close.
"I was with Malcolm as it was his birthday that day. We went into town [Irvine], we met up with Malcolm to get him a present and have a drink. We had a half bottle of vodka between three of us."
She told the court that she met a friend outside Mamma's chip shop before encountering Roberts and McKie.
Ms McCandlish said: "McKie said 'your cousin Charlene from Kilmarnock robbed me'. I don't have a cousin Charlene in Kilmarnock.
"He slapped me. He [Simon Roberts] was just standing there."
The court heard she later told Malcolm and her partner 15 minutes after this incident, before the three encountered them both again when going for a taxi.
Malcolm McCandlish asked them: "What are you hitting my sister for?"
When the advocate depute asked how they responded, the witness said: "They just attacked him."
"He was headbutted repeatedly, then on the ground", she said. "It was Simon, I think Sean had went to [assault her partner].
"Sean then kicked him [Malcolm] in the head.
"He was knocked out for about five minutes solid, then Sean ran up and kicked him to the head.
"They just ran away."
When asked if at any point there was a knife, or mention of one, she said 'no'.
"He [Malcolm] was saying to the police he didn't want an ambulance, he just wanted to go home", she added.
"We took him to his house and he went to bed sleeping. Then he was waking up spewing up blood."
The jury heard a recording of the 999 call made by his sister back at their home.
The trial, before judge Lady Drummond, continues.
Prosecutors claim that Mr McCandlish was punched, grabbed by the body and repeatedly headbutted by the duo on September 24, 2024.
According to court papers, the 43-year-old was pulled to the ground and kicked on the head as he lay there.
The murder charge states that Mr McCandlish was left so badly hurt that he passed away at the Queen Elizabeth University Hospital in Glasgow on October 14 that year.
Roberts and McKie, both listed as prisoners at HMP Kilmarnock, also face an allegation of behaving in a threatening or abusive manner while acting together, at Kirk Vennel on the same day as the alleged fatal attack.
They are said to have shouted, swore and made offensive remarks to a woman, allegedly threatening to harm her dog and attempting to have the pet follow them.
The Crown claims that McKie then assaulted the woman, repeatedly slapping her on the face and repeatedly striking her head against a wall.
He allegedly caused unnecessary suffering to the dog owned by the woman, repeatedly striking it on the head with a guitar.
McKie then assaulted Ms McCandlish, according to the Crown, by slapping her on the face and attempting to slap her in the face on High Street.
Roberts and McKie are accused of assaulting another man to his injury and permanent disfigurement on the same date.
The indictment states that they repeatedly punched him on the head, dragged him to the ground and repeatedly kicked him on the head and body while on the ground.
Court papers state Roberts was out on bail at the time of the alleged offences, granted at Kilmarnock Sheriff Court on September 9, 2024.
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