A person who killed a ‘loving’ grandfather by pushing him down a flight of stairs at a busy prepare station has been jailed for six years.
Marc McKinlay, 38, assaulted Donald Maguire, 58, at Edinburgh’s Haymarket prepare station on February 20, 2020. The Excessive Courtroom in Edinburgh heard how McKinlay pushed Mr Maguire on his physique which induced him to fall and hit his head off the bottom. He later died in hospital.
McKinlay then kicked Mr Maguire’s son Brian on the physique earlier than hanging him on the pinnacle with a bag containing cans of alcohol. Brian’s father later died in hospital and McKinlay was arrested after getting on a prepare.
The story emerged final month after McKinlay, of Cowdenbeath, Fife, was discovered responsible on the finish of 4 day trial of culpable murder. McKinlay had additionally pleaded responsible to assaulting Brian to his “extreme harm” initially of proceedings on Friday.
The case known as once more on Wednesday after being deferred for stories and decide Fiona Tait instructed McKinlay that jail was the one choice out there to her. She stated: “I've learn sufferer influence statements from Mr Maguire’s spouse, son and daughter and these every describe in transferring phrases the comprehensible loss that Mr Maguire’s demise has had upon them.
“There isn't any sentence which the courtroom can impose that may convey Mr Maguire again to his household or certainly mirror his loss. It's correct in these circumstances that a custodial sentence is the suitable disposal on this case.”
Mr Maguire died from his accidents on the Western Normal Hospital in Edinburgh on March 4, 2020. The Scottish Solar final 12 months reported that Mr Maguire’s daughter Lynsey wrote a tribute to her father. She stated: "My dad for many who didn’t know him was the life and soul of the get together, the person who would assist others when nobody else would, a person who would by no means be at dwelling for too lengthy....as a result of life was for the dwelling.
"However most significantly, a loving husband, an unbelievable dad, one of the best grandad and brother that any of us may of ever, ever requested for. No phrases can really clarify what an unbelievable man he was and is.”
Throughout proceedings, the courtroom heard how Mr Maguire and his son had been having fun with an evening out in Edinburgh. That they had each gone to Haymarket station to catch a prepare again dwelling.
Eyewitnesses instructed the courtroom that that Mr Maguire and his son got here into contact with McKinlay, who was additionally there to catch a prepare. One witness stated she thought McKinlay was drunk.
Private assistant Katie McCulloch, 40, was returning dwelling from a piece’s night time out when she got here head to head with McKinlay on the prepare. She had earlier witnessed the incident involving Mr Maguire and his son.
She instructed Mr McLean: “I keep in mind feeling fairly frightened. He was carrying some beers. I assumed he was drunk. He was swearing. He was saying ‘oh for f**ok’s sake, he’s a f*****g a******e’. I backed away as he swayed onto the platform.”
Ms McCulloch additionally instructed the courtroom about McKinlay’s angle when cops instructed him to get off the prepare. She stated she sat shut by as he spoke to cops. She added: “He stated ‘for f**ok’s sake right here we go’. He was huffing and puffing. He was a bit reluctant to get off the prepare.
“I keep in mind him pointing again in the direction of his beers. He gave the impression to be extra involved about his beers than what taking place on the steps.” Journey company employee Connie Dalrymple ,29, instructed Mr McLean of the moments after Mr Maguire was assaulted.
She stated: “When he fell we heard his head crack. He lay simply nonetheless. He didn’t transfer. We thought it was fairly severe.” She stated she and her associate gave Mr Maguire CPR and put him into the restoration place. She phoned 999.
Talking about McKinlay, Ms Dalrymple added: “He ran previous us and obtained on the prepare.” On Wednesday, defence solicitor advocate Iain McSporran QC instructed decide Tait that McKinlay assaulted Mr Maguire within the “warmth of the second”. He stated McKinlay didn’t got down to kill Mr Maguire and requested for this to be taken under consideration with the sentence.
Mr McSporran added: “There may be nothing I can say or something I can do which may alleviate the loss felt by Mr Maguire’s household. Mr McKinlay full accepts that solely a custodial sentence is acceptable. He has expressed his clear regret for the lack of Mr Maguire within the circumstances.”
Choose Tait additionally gave McKinlay 15 months for assaulting Brian Maguire. Nonetheless, she ordered that the sentence run concurrent to the six 12 months time period.
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