A LEISURE manager has told a jury that he saw murder accused Douglas Fleming with a shirt "saturated in blood".

 

Ross Agnew, 38, told the High Court in Glasgow this happened on the day the prosecution alleges that 34-year-old Martin Toner was murdered.

Mr Agnew was giving evidence at the trial of Fleming, 50, and John McDonald, 57, of Bellahouston, Glasgow, who deny murdering Mr Toner on June 29, 2004.

The pair are alleged to have killed Mr Toner at the garden and grounds of the Coach House at Gleddoch Estate, Langbank, and Gleddoch Estate after inducing him to travel there from the Key to Life Gym in Pollokshields, Glasgow.

Mr Toner's body was found dumped in a field in Langbank.. He was stabbed and his throat had been cut.

Mr Agnew told the court that Fleming, a former policeman, was living at the Coach House on Gleddoch Estate in 2004 with his sister Pauline Agnew.

He was asked by advocate deputeAlex Prentice QC were he was working in June 2004 and replied: "I was doing security work at Marr Lodge at Bishopton."

The court heard that Mr Agnew started work on June 29 at 7.30am. He said that in the afternoon he began to get frantic phone calls from his father Paul Agnew, who was one of the partners at the development at Marr Hall, because Fleming, who was one of the contractors, had failed to turn up for a meeting.

Mr Agnew said he repeatedly phoned Fleming and finally spoke to him.

He added: "He said he had vehicle problems and asked me to drive in my works van to the top of the driveway at Marr Hall.

"I drove up and met him. I exited my van and he exited his blue Mercedes G-wagon. He opened his black leather jacket to reveal a shirt absolutely drenched, saturated in blood."

Mr Agnew told the court that Fleming then spoke to him and added: "His first words to me were 'the f***** tried to stab me.' to which I replied: 'Are you alright?"

The witness told the court that Fleming asked him to go with him to Greenock. He told Mr Prentice that Fleming gave him money and asked him to buy him a similar shirt and tie to the ones he was wearing.

Once the shirt and tie had been purchased, they then drove to Halfords in Greenock where Fleming bought a set of jump leads, according to Mr Agnew.

He said the pair then set off for Mr Agnew's partner's flat in Drumfochar Road, Greenock, where he claimed Fleming changed out of the bloodstained shirt.

Mr Agnew was asked why he never went to the police with this information after Mr Toner's body was discovered and said: "Fear. I was afraid and distressed."

He added: "This has consumed me for the last 10 years."

Fleming has lodged a special defence of incrimination against six men. Both men also deny a further charge of attempting to defeat the ends of justice.

The trial before Lord Armstrong continues.