Couple ‘not fit enough’ to be girl’s carers

Two people accused of murdering a woman in their care more than 18 years ago were not fit enough to look after her, the High Court in Glasgow has been told.

Jean Mcsherry, 66, from Shettleston, had been engaged to marry the father of Margaret Fleming before he died from cancer in October 1995.

Msmcsherrysaidshetriedto keep in contact with the thenteenager Ms Fleming, but was unable to do so as Derek Fleming’s will specified she be put in the care of Edward Cairney and Avril Jones. Ms Fleming, who was described as having learning difficulties, was reported missing in October 2016 from her home in Inverkip, Inverclyde, but it is claimed she has not been seen since December 1999.

Cairney, 76, and Jones, 58, are accused of her abduction and murder, and of fraudulently claiming £182,000 in benefits by pretending she was still alive. The pair deny all the charges against them.

Advocate depute Iain Mcsporran QC asked Ms Mcsherry what she thought about the two accused becoming carers for Ms Fleming.

She said: “I wasn’t happy about it. I didn’t think they were fit enough; I didn’t think they were the right sort of people to look after Margaret.”

Mr Mcsporran then asked if she tried to make contact with Ms Fleming after she began living with the pair.

Ms Mcsherry said: “They told me she had nothing to do with me. I did try phoning Eddie and Avril, it was Eddie I always spoke to.

“I was hoping to get the relationship I had with Margaret when Derek was still alive.”

The court heard Ms Fleming was “angry” for some time after her father died and had lived with her grandparents and mother, Margaret Cruickshanks, while her father’s estate was settled.

Thomas Ross QC, representing Cairney, suggested Ms Mcsherry had been “a wee bit dishonest” with the jury in that she had made “absolutely no effort to maintain a relationship” with Ms Fleming after her fiance’s death. She denied the allegation.

Jurors were told she had

0 Jean Mcsherry had been engaged to Margaret Fleming’s father

seen Ms Fleming on about two occasions since the funeral.

Mr Ross said it would have been a period of around two years after the funeral before

Ms Fleming moved in with the two accused.

Ms Mcsherry also said Cairney had owed money to her and her fiancé, and was supposed to repay them after the sale of his hotel.

The witness said she had lent the accused around £200£250 for treatment for the bends, which she was told he suffered while deep sea diving, but was never repaid.

Mr Ross pointed to a statement she had given to police which said it was Jones who had asked for the money, on behalf of the other accused.

Cairney and Jones, described as friends of Mr Fleming, are accused of murdering Ms Fleming, who would now be 37, by unknown means at some point between 18 December, 1999 and 5 January, 2000, which they deny. They also deny charges of attempting to defeat the ends of justice.

The trial, before judge Lord Matthews, continues.