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Last Updated: Tuesday, 28 November 2006, 16:58 GMT
Shooting jurors consider verdicts
Policeman outside Marmion
Two men were shot in the incident at The Marmion pub
Jurors in the trial of three men accused of murdering a man in an Edinburgh pub are due to be sent out to consider their verdicts.

Judge Lord Uist has almost finished his directions to the 15 men and women and will send them out on Wednesday.

James Bain, 22, Richard Cosgrove, 21, and Bernard Young, 19, have denied murdering Alex McKinnon in the city's Marmion pub on 22 April this year.

They have further denied attempting to murder 27-year-old James Hendry.

Lawyers for Mr Cosgrove and Mr Young gave their closing speeches in defence of their clients at the High Court in Edinburgh on Tuesday.

Well, ladies and gentlemen, I suggest that the only person whose guilt the scientific evidence shows is that of Jamie Bain
Andrew Lamb QC

Solicitor advocate Vincent Belmonte told the nine women and six men of the jury that Mr Young was innocent and should be acquitted.

"I'm going to ask you to bring to an end to the nightmare that this case has been for Mr Young, his young wife and children," he said.

He said the Crown kept hitting a "barrier" in presenting its case that Mr Young was an accessory to the crime.

"Crucially, there's no forensic evidence on the gun linking the gun to Mr Young," the lawyer said.

Scientific evidence

Mr Bain - said to remember nothing as a result of being badly beaten up in the aftermath of the shooting - was "fitted up" said defence QC Donald Findlay, blaming Mr Cosgrove for the shootings.

Mr Cosgrove's lawyer, Andrew Lamb QC, pointed to the "complete absence" of scientific evidence against his client.

He said there was none of Mr Cosgrove's DNA on the gun and there was no cartridge discharge residue on the top he was wearing.

Urging the jury to return a not guilty verdict, Mr Lamb said: "You may think that scientific evidence is often the best means by which the Crown may be able to demonstrate a person's guilt.

"Well, ladies and gentlemen, I suggest that the only person whose guilt the scientific evidence shows is that of Jamie Bain."

Mr Cosgrove has lodged a special defence stating that, in so far as he was involved, he was acting under duress and in fear for his own life as a consequence of the actions of Mr Bain.

The trial continues.


SEE ALSO
Pub shooting was 'cold blooded'
27 Nov 06 |  Edinburgh and East
Marmion accused to remain silent
24 Nov 06 |  Edinburgh and East
Marmion accused denies shooting
21 Nov 06 |  Edinburgh and East
DNA 'match' for shooting accused
15 Nov 06 |  Edinburgh and East
Court hears from shooting victim
13 Nov 06 |  Edinburgh and East
Marmion murder trial widow speaks
09 Nov 06 |  Edinburgh and East

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