A MURDER accused who claims he acted in self-defence as he believed an alleged fatal assault victim had a knife has told a jury that he was "devastated" to learn of his death.
Simon Roberts and Sean McKie are on trial at the High Court in Glasgow, accused of killing 43-year-old Malcolm McCandlish in Irvine in September 2024.
After the closing of the Crown's case on Friday, April 10, the advocate depute told the court that prosecutors were no longer proceeding with four of the charges against the pair - with jurors to focus on the murder charge and a serious assault allegation.
Under questioning from his solicitor, 38-year-old Roberts told the court he was going to the bank when he met his ‘old friend Sean’, whom he hadn’t seen in a year and a half.
He said: “I bumped into him as soon as I got into town. We went to the pub, it was 11am or something. We were there half an hour or a wee bit longer.”
Roberts said he had “three single vodkas”.
Asked about evidence heard previously during the trial that co-accused McKie, 37, had slapped Mr McCandlish's sister, Margaret, Roberts claimed he did not see the incident.
He said: “We were just walking over to the Northern Way pub. Sean said 'Watch, they’ve got knives' or something. I didn’t have my glasses.
“I could tell they were being aggressive, I looked forward and saw two guys, there was a lady there but I didn’t really notice her.
“They said something about their sister and threatening to stab us.
“The other boy had something in his hand as well.
“He pulled something out his trousers.
“My hood was pulled, I thought I had been stabbed. I punched one of them. I was terrified of getting stabbed. I just kind of reacted.
“He was standing with something in his hand, looking at me.
"It was something in his hand, I couldn't really see what it was. I think I then punched him."
The court was previously shown CCTV and video footage of the incident, which was widely shared online at the time.
Asked what he thought when watching the content, Roberts replied, “I thought 'oh no man'", adding it was "tragic".
"I thought the boy was alright", he added. "Then he passed away."
He said he “felt terrible” at his own behaviour and “didn’t intend to seriously hurt anyone”.
He said: “When I found out he was in a bad way, it was a few days later, [I was] devastated, because of the hurt to himself, his family, and my family. I was just gutted.
“I’ve still not got over it, I’m absolutely devastated."
Under cross-examination, advocate depute Michael MacIntosh suggested he had "gone out looking for trouble” and “we have heard evidence you did cause trouble earlier”.
Roberts denied “making this up as you go along” and that his evidence was “cobbled together”.
It was put to him that the interaction "barely lasted any time before the first punch”.
Roberts said: "I wasn’t planning to take the chance. They were going to attack us, 100 per cent."
The depute said: “I have to suggest you’re the attacker, you started it – there's no time to make any threats."
Asked if he wanted to watch the footage again, he said “Not really, no”.
Defence advocate Thomas Ross KC said his client McKie would not be giving any evidence during the trial, closing the defence's case.
The trial, heard before Lady Drummond, is due to call again next week.
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