Killer refuses to settle benefit scam claim
A man who murdered a vulnerable woman before participating in a £182,000 benefits scam is “categorically” refusing to settle a proceeds of crime action with prosecutors.
Lawyers for Edward Cairney, 79, wanted to discuss the possibility with him of paying cashtoprosecutorstobringthe matter to an end before a full court hearing. They have been instructed in a case which was raisedagainstcairneyandavril Jones,61,followingtheirconvictions for murder.
The pair were jailed for life for killing Margaret Fleming in Inverkip, Inverclyde, two decades ago.
They were supposed to look after Margaret, but Jones continuedtoclaim£182,000inbenefits until it emerged that Margaret was missing in October 2016. Police suspected the duo took Margaret’s life at their cottage in Inverkip. Her body has never been found.
However, defence advocate Mark Moir told judge Lord Sandison yesterday that his clientisunwillingtodiscussbringing the case to a conclusion. Mr Moir added: “He categorically refuses to enter into any discussion about any settlement in this case.”the Crown is seeking £182,000 in benefits which were paid to Cairney and Jones in Margaret’s absence.
At a hearing last December, Mr Moir told judge Lord Burns that he was finding it very difficult to obtain instructions from Cairney.
He said: “He is not a well man at all. He is 79 years of age; he is inawheelchairandhehasmultiple other health problems.”
Jones’sadvocatevictoriadow told the court at an earlier hearing that her client was “keen” to settle the proceeds of crime action.
However, she is unable to do this until Cairney agrees or is made the subject of a court ruling.
At an earlier hearing, Mr Moir said Cairney refuses to leavehiscellandhadsignificant health problems.
But a psychiatrist who assessed him concluded he is fit to participate in the case.
On Monday, prosecutor Dan Byrne asked Lord Sandison to continue the case to a full hearing.
Lord Sandison agreed and set proceedings for December 9 and December 10 this
year at the High Court in Edinburgh.
A procedural case will take place at the court in October.