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Friday, 17 August, 2001, 20:03 GMT 21:03 UK
Killer convicted for second time
Marilyn McKenna with Stuart Drury
Marilyn McKenna with Stuart Drury
An obsessive stalker has been jailed for life for the second time for the savage murder of his former girlfriend.

Stuart Drury, 35, beat mother-of-three Marilyn McKenna to death with a claw hammer in an attack near her Glasgow home three years ago.

But after being unanimously found guilty of her murder two years ago, Drury had his conviction quashed on appeal and a re-trial was brought.

There is only one sentence I can pass on you and that is one of life imprisonment

Lord Dawson
On Friday, a jury of nine women and six men at the High Court in Edinburgh found him guilty for a second time of the murder.

Lord Dawson told him: "You have been convicted by the jury of the crime of murder. There is only one sentence I can pass on you and that is one of life imprisonment."

Drury attacked Miss McKenna, 37, in Abbeyhill Street, Glasgow, on 5 September 1998.

He struck her at least 10 times with a hammer in a frenzied assault leaving his victim for dead on the pavement.

Miss McKenna's face was shattered by the blows which smashed her jaw.

Relationship ended

Miss McKenna died the day after the attack in the city's Southern General Hospital.

The couple's relationship had ended, but Drury had never accepted the situation.

Drury, of Petershill Drive, in Glasgow, later claimed to police that he was still in a continuing relationship with Miss McKenna although they no longer lived together and he had "lost it" after seeing another man come out of her house.

At his re-trial, he attempted to have the charge of murder, which carries a mandatory life sentence, reduced to the lesser charge of culpable homicide on the grounds of diminished responsibility.

Court graphic
The original conviction was quashed
After Drury was found guilty the jurors heard that among his previous convictions were offences of assault and breach of the peace in which Miss McKenna was the victim.

He denied statements by the victim's family that he was stalking her and claimed he was scared of Miss McKenna.

He also claimed he still loved her and thought she was trying to hurt him when he arrived at her house.

The court heard from Miss McKenna's family that she had ended her relationship with Drury months before.

At one stage she had taken out a court interdict in a bid to prevent him hounding her. Miss McKenna and other members of her family were subjected to phone harassment by Drury.

Successfully appealed

The dead woman's answer machine contained abusive and obscene messages from Drury.

Drury was originally convicted of murder at the High Court in Glasgow in 1999 but successfully appealed against it.

Five judges at the Court of Criminal Appeal ruled earlier this year that the original trial judge, Lord Kirkwood, had erred in addressing jurors.

Lord Kirkwood had said that if the degree of violence used was disproportionate to the provocation then the defence plea could not succeed.

But the appeal judges said that if an accused could establish there was a relationship where he could expect sexual faithfulness then a different test should apply.

The jury should consider whether the accused had lost self-control and whether an ordinary person provoked in this way would have been likely to react in the same fashion.

Alan MacKay reports
"The family have had to endure two trials."
Jane Franchi reports
"According to her family she had been stalked for more than a year."
See also:

21 Jun 01 | Scotland
Court overturns murder conviction
11 Jan 01 | Scotland
New effort to tackle stalking
23 Mar 00 | Scotland
Stalking law inquiry begins
01 Feb 00 | Scotland
Plea for Scots anti-stalking law
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