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Trial over death of Inverness businessman John Birrell starts





John Birrell.
John Birrell.

The trial of a retired eye surgeon who is charged with killing an Inverness businessman began today after being postponed last week.

Another trial at the High Court in Inverness had not concluded and that was the cause of the delay.

It was re-scheduled for today and proceedings against Hamish Towler began. He denies the culpable homicide of John Birrell at a road in Blackpark, Inverness on August 17, 2020.

Both Towler and Mr Birrell lived in the Blackpark area, which is a rural spot with mostly luxury houses overlooking the Beauly Firth.

Prosecutors allege the 66-year-old obstructed the van Mr Birrell was travelling in to block it passing.

Towler is then said to have hit the vehicle with a dog lead before pulling the 55-year-old garage proprietor out.

The charge claims Mr Birrell was pushed across the road, punched then smacked on the face with the leash.

Towler is further accused of shouting and swearing at him.

It is stated Mr Birrell suffered a cardiac arrest and died as a result.

Towler also denies a breach of a bail condition preventing him from being on the road between 5pm and 6pm. It is alleged he drove along it a few weeks after being released on bail.

Towler, who is represented by Shelagh McCall KC, has lodged a special defence of self-defence.

He claims Mr Birrell verbally abused him and punched him several times.

The trial before Lord Fairley is expected to last a week.


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