Waiter 'dragged away' to his death

The case is being heard at the High Court in Glasgow

An Indian waiter was in sight of his girlfriend's home when he was killed by three men, a court has been told.

The jury heard Surjit Singh Chhokar smiled at Elizabeth Bryce before three men dragged him away to his death in Overtown, Wishaw.

Miss Bryce told the High Court in Glasgow that she ran from her flat, armed with a spade, shouting at Mr Chhokar's attackers in an attempt to save him.

She told advocate depute Sean Murphy, prosecuting, how Mr Chhokar, 32, was dragged across the street to a garden fence.

Surjit Singh Chhokar: Died in 1998

She said one of the accused, David Montgomery, 23, held one of his arms and the other accused, Andrew Coulter, 19, stood in front of him.

The third man, Andrew Coulter's uncle, 31-year-old Ronnie Coulter, held Mr Chhokar's other arm.

Mr Montgomery, from Motherwell, and Andrew Coulter, from Wishaw, deny that while acting along with Ronnie Coulter, they seized hold of Mr Chhokar and struggled with him.

The charge further alleges Mr Montgomery and Andrew Coulter struck Mr Chhokar on the body repeatedly with a knife, a piece of wood and metal and murdered him.

It also alleges they previously bore malice and ill will towards him.

The incident is said to have happened in Garrion Street, Overtown, Wishaw, on 4 November, 1998.

At the start of the trial, defence QCs Derek Ogg and Paul McBride lodged special defences on behalf of the two, naming Ronnie Coulter as the alleged killer.

Giro cheque

Miss Bryce said Mr Chhokar had been living with her but was still collecting his benefits from his own address when they were told the cheque had been cashed by Andrew Coulter.

She said that when she later told Mr Coulter the police might get involved he told her: "If I am getting done by the police he's getting it."

She said Andrew Coulter claimed Mr Chhokar had asked him to cash his Giro for him.

Chhokar crossed the road and said 'They stabbed me'. I looked at him but I didn't see any blood

Elizabeth Bryce

Later she was sitting at her window waiting for Mr Chhokar to return home from a job as a carry-out delivery man in Bellshill, when the two accused and Ronnie Coulter passed her house several times.

She said: "I heard Chhokar's car arriving at 11.30pm and I looked out of the window and saw him with a bottle of Irn Bru and his supper, a curry takeaway in a bag.

"He walked towards the gate and turned and smiled up at me.

"I turned towards my living room and I heard a scream and looked out of the widow again and saw the three of them dragging Chhokar across the road.

"They were running him across the road towards a fence."

Miss Bryce said she ran out of the house armed with a spade.

'It happened quickly'

"I ran towards them and started shouting and swearing at them in the middle of the street to let him go."

She claimed she saw Ronnie Coulter swing something at Mr Chhokar's chest.

She went on: "It happened that quickly. One moment he was holding him and the next he was swinging something at him."

The case is being heard by Lord Bonomy

Miss Bryce claimed Andrew Coulter stepped back just before his uncle Ronnie "swung something".

She was asked to step from the witness box and using the court policeman she demonstrated how Mr Chhokar had allegedly been held and assaulted by the three men.

Miss Bryce said the three all ran away and that when she shouted that she was going to call the police they stopped and looked at her before continuing.

She added that Ronnie Coulter still had something in his hand.

Miss Bryce agreed with Mr Murphy she may have originally told the police the weapon might have been a chain.

The 39-year-old later told the court how Mr Chhokar had told her he thought he had been badly wounded after the alleged attackers fled.

She said: "Chhokar crossed the road and said 'They stabbed me'. I looked at him but I didn't see any blood.

Alleged beatings

"He put his hands on the bonnet of the car and then he put his head in his hands."

Derek Ogg QC, defending Mr Montgomery, asked the witness to confirm that Mr Chhokar had beaten her during their relationship.

However, Miss Bryce refused to answer but was told by Lord Bonomy she had to comply.

Mr Ogg continued and said Mr Chhokar's behaviour had brought him to the notice of the police.

Miss Bryce told the court: "I believe he was facing charges for violence against me when he died. He beat me up."

Mr Ogg said: "It would not be an uncommon sight for you to be seen on the streets near you home with injuries about your person, would it?"

She agreed.

The trial has been adjourned until Wednesday.