Thug killed stranger by pushing her off a pier ‘for a bit of fun’
Charity worker Charmaine’s family weep in court as High Court jury convicts man who took her life
A MAN has been found guilty of killing a stranger by pushing her to her death off a pier for ‘a bit of fun’.
Thug Jacob Foster shoved Charmaine O’Donnell off Helensburgh Pier, resulting in the 25-year-old charity worker suffering severe neck injuries and drowning.
Foster, who has a string of previous convictions including for assault, was accused of murder following the incident in April last year.
He lodged a special defence of diminished responsibility, claiming he ‘got it wrong’ due to learning difficulties.
But yesterday the 29-year-old was convicted of a lesser charge of culpable homicide following a trial at the High Court in Glasgow.
Following the hearing, Miss O’Donnell’s family welcomed the verdict but said it had been ‘the most difficult time we have ever had to face’.
The court previously heard how Miss O’Donnell, of Glasgow, had gone on a day out to Helensburgh, Dunbartonshire, with her friend Caitlin McTaggart.
Miss McTaggart, 25, told jurors: ‘I had wanted to go the Campsies, where there is a waterfall.
‘She said “No” because she would have ended up in the water, basically.’
The women arrived at Helensburgh Pier and got chatting to three anglers. Foster
‘Did not know she couldn’t swim’
and another man were nearby and tried to engage the women in conversation.
Miss McTaggart said that the next thing she knew there was a ‘commotion’ about someone being thrown over the railings or barrier. She did not initially know who it was, but one witness shouted to her: ‘That’s your pal.’
She said she saw her friend ‘in the water’, and Foster on the pier.
A number of youngsters who were also there immediately tried to help.
Miss McTaggart said she then confronted Foster, adding: ‘I was screaming at him to help her.
‘He just kept saying: “What have I done? I have taken it too far this time. I am going away for a long time”.’
Paramedics and police arrived quickly but Miss O’Donnell did not survive.
Stephen Cairns, 42, one of the men fishing, told the trial he remembered Foster shoving Miss O’Donnell over the edge. He said: ‘It was just carnage after that.’
PC Gary Davidson, who spoke to Foster at the pier said: ‘He said that it was an accident. He said: “I just pushed her. It was just a bit of fun”. He said that he had a few cans that day.
‘I said to him the best thing was to stay calm and not say anything, but he said these things again and again.’
Foster, of Helensburgh, added: ‘I did not know that she could not swim.’
Foster’s lawyers had claimed that – due his mental health issues – he had misunderstood an alleged remark Miss O’Donnell made about going into the water.
But, in his closing speech, advocate depute Alex Prentice, QC, said there was ‘overwhelming’ evidence Foster pushed Charmaine, saying it was ‘deliberate conduct’.
Sean Templeton, defending, had asked for him to be acquitted saying: ‘It was a young man with learning difficulties who got it wrong.’
It emerged after the verdict that Foster had previous convictions including one for assaulting a staff member at a Costa coffee shop in Helensburgh in 2018.
Mr Prentice told the court that Miss O’Donnell had been on furlough from her job as an assistant manager at a British Heart Foundation shop.
She was due to return a week after she died. Mr Prentice added: ‘It is clear she was much loved and her death has brought untold and continuing grief.’
Judge Lord Fairley said in the ‘very unusual circumstances’ of the case he would continue bail and adjourned for reports.
A large group of Miss O’Donnell’s family and friends were at court yesterday and many sobbed with relief at the guilty verdict.
A statement was released by her mother, Jacqueline Gallacher, 50, and stepfather William King, 54, afterwards as they insisted ‘justice has been served’.
They added: ‘We believe the jury has reached the right verdict for our beautiful daughter Charmaine. The past 15 months have been the most difficult time we have ever had to face.
‘Losing Charmaine has changed our lives forever. We will never be the same again. Our hearts have been broken.
‘She had her whole life ahead of her. She had a great personality and sense of humour, warming the hearts of all who met her.’
They thanked those involved in the case and paid special tribute to the ‘selfless efforts’ of the youngsters who tried to help Charmaine at the pier.
The statement added: ‘Although no punishment will ever bring Charmaine back, we hope and pray that a sufficient sentence is served on the person responsible for taking her life.’