Jurors consider Vicky murder case

Peter Tobin denies murdering Vicky Hamilton in 1991

Jurors in the trial of the man accused of murdering Falkirk schoolgirl Vicky Hamilton have retired to consider their verdict.

Judge Lord Emslie told jurors at the High Court in Dundee there was enough evidence, if they thought it appropriate, to convict Peter Tobin.

The 62-year-old denies abducting, raping and murdering Vicky in 1991.

He has lodged a special defence of alibi, claiming he was in Portsmouth when the 15-year-old disappeared.

Vicky was last seen in Bathgate on 10 February, 1991. Her remains were discovered in the garden of a house in Margate, Kent, in November last year.

As he started his summing up, Lord Emslie warned jurors not to be swayed by their emotions when considering their verdict.

As human beings our hearts go out to Vicky Hamilton and her family in their anguish Judge Lord Emslie

He said: "This is a sad and harrowing case about a teenager who disappeared without trace from Central Scotland in 1991 and whose body then turned up in a garden grave 400 miles away in Kent last year.

"As human beings our hearts go out to Vicky Hamilton and her family in their anguish and we may also harbour feelings of rage against whoever was responsible."

However, the judge said it was the jury's "solemn duty" to put aside all such feelings when they decided on the facts of the case.

"As I say, that judgment must be based on the trial evidence and nothing else."

Bin bags

The judge said it was for the Crown to prove Mr Tobin guilty and nothing should be assumed from the fact that the accused had not taken the stand.

"You must not draw any adverse inference from that at all. He is perfectly entitled to make that election and leave it to the Crown to make all the running."

The judge continued: "In law I can confirm that sufficient evidence has been led by the Crown to allow you, if you thought it appropriate, to convict Mr Tobin of these crimes."

Mr Tobin is accused of abducting Vicky and taking her to Robertson Avenue in Bathgate, West Lothian, on 10 February, 1991, which the Crown alleges was then occupied by him.

The charge also alleges that there or elsewhere he drugged her, struggled with her, compressed her neck, indecently assaulted her and murdered her.

Judge Lord Emslie said jurors should not be swayed by their emotions

He is also accused of attempting to defeat the ends of justice.

It is alleged that he concealed Vicky's body and removed and disposed of a number of items of her clothing and footwear.

He is also accused of cutting her body in two and wrapping it in coverings and bin bags.

Then, allegedly aware that police were conducting a missing person's inquiry, Mr Tobin is said to have put Vicky's purse under a portable cabin to mislead police into believing she had run away from home.

Mr Tobin denies all the charges against him and has lodged a special defence of alibi, saying that between 1700 GMT and midnight on 10 February, 1991, he was in the Portsmouth area and was thereafter travelling to Scotland, arriving in Edinburgh at 0630 GMT the following day.