Uncle jailed after nephew bled to death

A NUNCLE who fatally stabbed his nephew as they were drinking to mark the death of a relative from cancer was jailed for seven years and seven months yesterday.

David Clark had been drinking with his nephew A ndrew Clark and his girlfriend Elaine Robertson but “there had been no animosity previously and witnesses instead describe the three as being in good spirits”, the High Court in Edinburgh heard.

A dvocate depute A ndrew Brown QC said that the fatal attack had “stemmed from an alcohol-driven argument about the deceased’s father after both men had been drinking for 12 hours”.

Lord Kinclaven told Clark: “You picked up a knife and you stabbed your victim in the thigh.You used a weapon and took a life with it. Your voluntary intoxication is no excuse.

“You have accepted responsibility for a very serious offence, the culpable homicide, the blameworthy killing, of your nephew A ndrew Clark, who was 45 years of age.

“He was described this morning as being your unofficial carer,” the judge added.

“Clearly, there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.”

The judge told Clark, pictured above, that he would have faced a 12-year prison term, but for his guilty plea and time the 61-year-old had already spent in custody.

The advocate depute said the uncle, nephew and Ms Robertson had met up on A ugust 7 following the death of a relative.

Shortly after they arrived at Clark’s flat in Forth View, Kirkcaldy, neighbours heard shouting which became louder. “It sounded to neighbours as if items were being thrown around,” he said.

Ms Robertson said there had been an argument between the men over the deceased’s father and money which got out of hand and Clark became extremely angry.

The victim was sitting on a sofa and the older man seized him by the neck. The nephew kicked out in retaliation and Ms Robertson shouted at them to stop, which they did for a short time.

But the row broke out again and the uncle punched his nephew and held his neck.

Ms Robertson then noticed her boyfriend had a cut to his thigh but did not see a knife.

A fter the fighting stopped the victim asked: “What have you done to me?”

The nephew told his girlfriend that he wanted to go to bed and his leg was dressed to stem the bleeding before he went to a bedroom in the flat.

He was left alone for a time but Ms Robertson later went to check on him and found him in bed covered in blood.

“She tried to rouse him but it would appear that Mr Clark may have been dead already,” said the prosecutor.

She called the emergency services and Clark asked for police to attend, the court heard.

Paramedics arrived at his flat in Forth View, Kirkcaldy, in the early hours of A ugust 8 last year to find Ms Robertson tending to her boyfriend.

The victim, who lived in Glenrothes but was originally fromA berdeen, was found to have died after the stab wound to the right thigh damaged his femoral vein.

When the uncle was detained for murder he told police: “It’s not murder.”

The Crown accepted his guilty plea to a reduced charge of culpable homicide.

Defence counsel Gordon Jackson QC said Clark was “very remorseful for his actions” and ashamed.

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