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Last Updated: Thursday, 26 February, 2004, 16:15 GMT
Ex-moderator's plea in death case
Rev John Miller
Reverend Miller has known the McFarlane family for 30 years
A former Church of Scotland moderator has urged a court to show mercy in the case of a man who killed his brother.

William McFarlane, 27, had pleaded guilty to killing his brother George, 28, at their mother's home in Castlemilk, Glasgow, in September 2003.

The High Court in Edinburgh heard how the victim, a drug user, was punched and kicked to death by his brother.

The Reverend John Miller, a friend of the family, had urged the court to be lenient in sentencing McFarlane.

Judge Lord Emslie told McFarlane that he took into account "all the good points" in his favour brought out in testimonials and the responsible role he had tried to take in his family.

'Genuine remorse'

Defence counsel Paul McBride QC said the father of four had shown "extreme and genuine remorse and love for his brother, despite the differences they had".

On the day of the killing, McFarlane had arrived at his mother's home with his brother George and an argument developed into a fist fight.

The fight escalated and George suffered a broken bone at the back of his throat which resulted in choking and oxygen starvation to the brain.

Mr McBride told the court that McFarlane, of Stravanan Gardens, Castlemilk, had seen two of his brothers affected by drug abuse.

He said his client had the support of his family, the community and the Rev Miller, who had known the family for 30 years and had written to the court urging mercy.

Lord Emslie told McFarlane: "You will obviously have to live with the fact of having brought about your brother's death for the rest of your life.

"This was an extremely violent incident which went on after your brother stopped fighting, stopped retaliating and was lying defenceless on the floor."

He said he did not consider there was a realistic alternative to prison.


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