Man ‘caused stab death by accident’

Published on 28/11/2012 12:00

A MAN accused of murdering an Australian journalist has claimed he must have stabbed the victim to death by accident.

Kyle Montgomery admitted that he armed himself with a kitchen knife and squared up to 56-year-old Thomas Graham Allwood.

He claimed in evidence at the High Court in Livingston that the blade was for his own “protection” and he had no intention of using it.

After being attacked twice by the victim, he said he just wanted to “scare him off” with the knife.

He struggled with Mr Allwood, who was armed with a metal pole or iron bar, but said he was unaware of inflicting the fatal blow which severed the main artery above his heart.

Montgomery, 24, from Winchburgh, West Lothian, denies murdering Mr Allwood in Broxburn on June 21.

In his closing speech yesterday, advocate depute Martin Macari asked the jury to convict Montgomery of murder. He said: “Whatever happened between those men, Kyle Montgomery had returned to the house to get a weapon.”

Derek Ogg QC, defending, said: “If he didn’t realise he’d caused that injury, he could not and did not have any criminal intent towards Mr Allwood.”

Judge Lord Doherty was due to deliver his charge to the jury this morning.