Plea drama in Gary Linn murder trial

Martin Birnie, 33, of Hollybank, Mayfield, Dalkeith, and Christopher Miller, 31, of Monteith Farm Cottage, Mossend, Gorebridge, have now admitted resetting Gary’s 40,000 stock of Snap On tools.

Their pleas of not guilty to stealing his van, compact disc player and a 1000 were accepted by Advocate Depute Brian McConachie, who is prosecuting the case.

The pair have now admitted handling the tools at Birnie’s garage in Loanhead, Midlothian on August 31 last year - the day Gary, of Kilsyth, vanished.

His distinctive white Snap On tools van was found burnt out the next day, but Mr Linn’s body wasn’t discovered until nine months later under a bridge at Temple, also Midlothian.

After today’s dramatic pleas at the start of the fourth day of the proceedings at the High Court in Glasgow, the trial of a third accused, Owen Anderson, 30, of Stenhousemuir, Falkirk, who denies murdering Mr Linn was halted. to allow both the prosecution and Anderson’s defence to take statements from Birnie and Miller to determine whether they should be witnesses later on in the trial.

Their bail was continued, but both men were warned by the trial judge, Lord Emslie, that they will have to be present at the start of each day’s proceedings till the end of the trial, when they will be sentenced.

Anderson denies repeatedly striking Mr Linn on the head with a hammer or similar object in his flat at Johnston Avenue, Stenhousemuir on August 31 last year.

He has lodged a special defence of incrimination, claiming that the killer is a man called Stevie who comes from the Edinburgh area.

Anderson also denies attempting to pervert the course of justice by wrapping Mr Linn’s body in plastic bags, a duvet, a paddling pool and a carpet, and taking it from Johnston Avenue to deposit it near Braidwood Bridge, Temple, Midlothian.

The charge also alleges he tried to clean traces of Gary’s blood from the floorboards with bleach, and painted the floor with red paint afterwards.

He also denies attempting to induce two men to give false information to police about his whereabouts on the night Gary vanished.

The last witness before yesterday’s dramatic change of events was mechanic Stephen McCaw, 24, who worked for Birnie at his garage which specialised in converting cars from petrol to gas.

He told the court that he saw his boss back a Snap On tools van into the premises. He alleged that a man who he identified as looking similar to Anderson got out.

The man, he claimed, seemed upset to see him and shouted at Birnie: "It was supposed to be us here".

Mr McCaw claimed he was sent away for an hour by his boss and said when he returned the van and the man were gone, but boxes of Snap On tools were in the workshop. He alleged these were then taken to the home of Birnie’s friend, Chris Miller.

Three days later, Mr McCaw said Birnie read a newspaper report about Gary Linn’s disappearance and rushed out of the workshop.

He said he later asked Birnie if it had been the missing salesman in the workshop, and Birnie, he alledged told him to mind his own business.

The trial will continue tomorrow.