'A barbaric and evil act against a defenceless young woman' – QC

Published on Tuesday 1 December 2009 21:59

A TEENAGER who burned to death did so at the hands of her boyfriend as a result of a "barbaric and evil" act against a defenceless young woman, a murder trial heard yesterday.

The prosecution, in its closing speech, said that Stewart Blackburn, 18, had deliberately doused Jessica McCagh in petrol and set her alight in a crime of "extreme wickedness".

Solicitor General Frank Mulholland QC, for the Crown, said Miss McCagh had died in the "most awful of circumstances" and "paid the ultimate price" for Blackburn's temper on 25 April.

He said the case against Blackburn was compelling, and that the accused was guilty of murder "pure and simple".

Blackburn admits killing his 17-year-old girlfriend at his home in Arbroath, Angus, but denies her murder. His trial at the High Court in Livingston entered its ninth day yesterday and saw the prosecution and defence give their closing speeches to the jury.

The Solicitor General said: "Jessica McCagh was 17 when she died. She was a healthy girl loved by her family with her whole life stretching ahead of her and she died in the most awful of circumstances. She literally burned to death.

"The Crown case is that she was burned to death at the hands of the accused, Stewart Blackburn, who threw petrol over her in significant quantities – at least a litre – and then lit the petrol with a naked flame, engulfing her in flames and causing her horrific and inevitable death."

He went on: "To be deliberately soaked in petrol, set on fire and engulfed in flames is a crime, I would suggest, of extreme wickedness.

"It is difficult to envisage more cruel or sadistic treatment of another human being."

Urging the jurors to return a verdict of guilty to murder, he told them: "If you do that, I would suggest you'll be rightfully convicting a man who is guilty of murder, guilty of committing a barbaric and evil act against a defenceless young woman."

Neil Murray QC, defending, said the evidence in this case was horrific, but he urged the jury not to be swayed by emotion and to look at the facts.

He said the jury should return a verdict of culpable homicide, saying the Crown had not proved murder.

"Stewart Blackburn was not murderous. Stupid? Yes. Lying? Yes. Murderous? No."

The judge, Lord Bracadale, is expected to complete his legal direction today, when jurors will be asked to retire to consider their verdict.