Murder accused ‘had fight before fatal blaze’, court hears

● 42-year-old denies charges relating to flats fire in 1998

A murder accused was involved in a fight with the sons of the man he is alleged to have killed hours before the fatal blaze broke out, a court has heard.

Barry Henderson, 42, from Fraserburgh, denies murdering Gordon Graham, 43, and attempting to murder his wife Anne in a blaze on 3 May 1998.

It is alleged that Henderson wilfully set fire to materials in the ground floor stair and landing area before the fire “took effect” in two flats occupied by the Grahams in High Street, Fraserburgh.

Publican William Morrison, 40, was asked by prosecutor Jim Keegan QC: “Was there an incident at Sugar and Spice in the High Street on 2 May, 1998,” and he replied: “I never saw it. I think there was a fight or skirmish. It was a fight between Barry Henderson and a couple of the Graham lads.”

The High Court in Glasgow has heard that Mr Graham had three sons David, James and Dean.

The publican said he thought Mr Henderson had a bruised nose. He took him to his mother’s home, washed his face and gave him one of his jumpers to wear. Later that night they both went to DJS nightclub, but went their separate ways inside.

Mr Morrison told the court when he and some friends left the nightclub around 2am or 3am they noticed a fire in High Street.

The court has heard that Mrs Graham was rescued from the blaze.

Mrmorrisontolddefenceqc Brian Mcconnachie that he had been detained by police in December 2009 for the murder of Mr Graham after police re-opened the inquiry into the incident.

Mr Mcconnachie then said: “You answer all their questions and make it clear if you had any information you would have told them,” and Mr Morrison replied: “Yes.”

The QC then said: “The police asked you what your involvement in the murder of Gordon Graham,” and the witness replied: “I had no involvement in the murder.”

Earlier witness Steven Third, 40, from Fraserburgh, told the court that Mr Graham was often in the pub the Wynd Tower across the road from his home.

Mr Third said that on 2 May, 1998 he and Mr Graham played pool and had a few laughs.

He was asked by prosecutor Mr Keegan: “Did his behaviour change when he had a drink in him?”

Mr Third replied: “The night in question he was argumentative and maybe a wee bit more aggressive.”

The trial continues.