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Monday, 29 July, 2002, 14:37 GMT 15:37 UK
'No evidence' babies were suffocated
High Court Edinburgh
The trial is being heard at the High Court in Edinburgh
There is no evidence that a father suffocated his two baby sons, a court has heard.

Donald Findlay QC, the defence lawyer for Ian Metcalfe, made the claim in his closing speech to the jury as the trial of the 34-year-old entered its fifth week.

He also urged the jurors at the High Court in Edinburgh not to convict Mr Metcalfe of murder on the basis of suspicion.

Iain Metcalfe
Ian Metcalfe has denied the charges
Mr Metcalfe, of Locharbriggs, Dumfries, is charged with assaulting, suffocating and murdering three-month-old Kyle Metcalfe on 27 January, 1988.

He is also accused of assaulting, suffocating and murdering six-month-old Dylan Lockerbie on 12 March, 1996.

He is further charged with attempting to murder a third child who cannot be named for legal reasons.

The landscape gardener denies all the charges.

In his closing speech Mr Findlay said: "There are so many gaps in the picture that the Crown wants to paint that you can see daylight through it.

Stopped breathing

"In relation to Kyle and Dylan, there is more daylight than picture, more gaps than substance and more suspicion than evidence.

"And nobody in this court should be convicted of any crime, let alone the murder of their own sons, on the basis of suspicion."

Mr Findlay said paediatricians had given evidence during the trial that the babies could have stopped breathing after choking on their vomit or milk.

He also argued that two broken ribs on one of the infants was caused by his father's clumsy attempt to resuscitate him after he stopped breathing.

See also:

05 Jul 02 | Scotland
27 Jun 02 | Scotland
26 Jun 02 | Scotland
25 Jun 02 | Scotland
24 Jun 02 | Scotland
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