Accused ‘lost control’ just before he killed youth

Published on Tuesday 14 February 2012 12:08

A MAN has told a court how he can’t remember stabbing a teenager during a violent confrontation between two groups of youths.

Brian McHale, 21, says he “snapped” and “lost control” moments before knifing Dale Bennett, 17, in the chest in Gorebridge, Midlothian, in February 2011.

The High Court in Edinburgh yesterday heard McHale admit to killing the steeplejack moments after a street fight involving groups of young men from Gorebridge and nearby Mayfield.

McHale told defence advocate Mark Stewart QC that even although he admits stabbing Dale, he can’t remember committing the actual act.

He told the court: “I can't remember stabbing anybody. I was angry. I snapped. I can’t explain it any other way.”

McHale, currently detained in HMP Polmont, was giving evidence on the sixth day of his trial at the High Court in Edinburgh.

He denies murdering Dale, a keen Hearts fan, at Newbyres Crescent, Gorebridge, on February 12, 2011.

On the first day of proceedings, McHale tried to plead guilty in front of the jury to a lesser charge of culpable homicide.

However, prosecution advocate Gary Allan QC refused to accept the plea, leaving McHale to stand trial on the charge of murder.

Yesterday, McHale left his place in the dock to give evidence in the witness box.

He told defence advocate Mark Stewart QC that on the night Dale died, he was forced to run into a house in Newbyres Crescent after becoming involved in a fight with a group of youths from the Mayfield area.

He said the young men had thrown bottles and had shouted threats at him and a group of friends.

Whilst he took shelter in the property, some young men from the Mayfield group tried to get into the house to attack him. He could also see some members of the group vandalise a car that was parked in the street.

McHale told the court that he then “snapped” and went outside armed with a knife. He then stabbed Dale.

Telling Mr Stewart that he couldn’t recollect attacking Dale, he said that he accepted that he was the man who was responsible for attacking him.

Mr Stewart asked him: “Did you intend to stab him?”

McHale responded: “No. I didn’t choose to do it.”

McHale then added: “I was terrified. I was scared. I lost control. I didn’t choose to do it. I lost control. I snapped.”

Advocate Depute Gary Allan QC asked McHale whether he had “lost all reason” when he stabbed Dale.

He told Mr Allan: “I’m not denying the fact that it was me who gave him the fatal blow.”

Before the start of the defence case, Mr Allan told the court that he was no longer pursuing a charge in which it was said that McHale assaulted Aaron Pearson, a friend of Dale Bennett, six days before the alleged murder took place.

The crown also dropped a charge which alleged McHale, who is originally from Gorebridge, committed a breach of the peace in Newbyres Crescent on the day that Dale died.

The trial before judge Lady Clark of Calton continues.