'Flames shot out. The car was filled with black smoke. I couldn't see anyone inside'

AN ENGINEER told a murder trial he checked to see if there was anyone in the car in which a nurse burned to death.

But Roger Appleby, 57, told the High Court in Glasgow that thick black smoke prevented him seeing her.

Roger Appleby, 57, was giving evidence at the trial of Malcolm Webster, 51, who denies murdering his first wife Claire, 32, by drugging her with Temazepam, crashing his car on the Auchenhuive to Tarves Road, Kingoodie, Aberdeenshire on May 27 or 28 1994, and setting it on fire.

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Mr Appleby said that he stopped on his way home after seeing Webster's Daihatsu Sportrak 4x4 had gone off the road.

He added: "There was a woman and a man by the side of the road. By the time I pulled over and stopped, the man was lying on the verge and the woman was kneeling by his side."

Advocate depute Derek Ogg, QC, prosecuting, asked Mr Appleby: "What sort of condition did the car appear to be in?" and he replied: "It was obviously alight; it was full of dense black smoke."

Mr Ogg then asked: "Did the man say anything to you, this is the man we know as Mr Webster?" and Mr Appleby replied: "He was just lying down, not moving."

The court was told that Mr Appleby went to the passenger door of the car and opened it.

He said: "It was the first thing I did. I saw the interior was filled with black smoke. I couldn't see anything in it." He added: "I went down to the vehicle to see if there was anyone else in it.

"I thought I'd check the passenger side. All the doors were closed. I went to the passenger side and checked the handle to see if it was hot. Then I just opened up the passenger door.

"As soon as I did, smoke and flames came out. It was whoosh, like that, as soon as air got to it, it seemed to intensify.

I couldn't see into the car at all"

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Mr Appleby said he saw flames coming from the footwell of the car and quickly closed the door again.He was then asked if he could see any obvious damage to the car and replied: "No, I can't recall any damage."

Mr Ogg said: "Did you hear screaming as you approached the car?" and he replied: "No."

Mr Appleby was then asked if he had had any difficulty opening the passenger door and said he had not.

Mr Ogg then said: "At any time did you hear the man (Webster] shout for assistance or try to render assistance to anyone in the car?" and Mr Appleby replied: "No."

Defence QC Edgar Prais did not cross-examine Mr Appleby.

Earlier 79-year-old Dennis Horley told the court that he heard his friend, retired Detective Sergeant Diane Taylor, ask Webster at the crash scene if there was anyone in the car.

He said he drove off to get help and did not hear anything else.

Webster also denies trying to kill his second wife, Felicity Drumm, in Auckland, New Zealand, in 1999, to cash in on their life insurance

He is also alleged to have formed a fraudulent scheme between 2004 and 2008 to enter into a bigamous marriage with lover Simone Banerjee to get access to her estate.

Webster denies all charges.

The trial, before judge Lord Bannatyne, continues.

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