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Page last updated at 15:25 GMT, Thursday, 5 February 2009

Accused 'often swore at her son'

Brandon Muir
Brandon Muir died in hospital on 16 March, 2008

A woman accused of killing her young son would often swear at him and their home was "like a party every night," the High Court in Glasgow has heard.

Heather Boyd, 23, is charged with the culpable homicide of her 23-month-old son Brandon Muir.

It is alleged she failed to get him medical treatment after he was assaulted by Robert Cunningham, also 23, at flats in Dundee last March.

Mr Cunningham is accused of Brandon's murder. They both deny the charges.

Witness Ian Knight told the jury he lived downstairs from Ms Boyd at flats in Balunie Crescent, Dundee.

Noise incidents

The 60-year-old told the court: "There was loud music. It was like a party every night, people jumping about. I could hear her shouting at the kids."

He said there were a lot of swear words and that once Ms Boyd threatened to put her son in a home if he did not eat his food.

He also said he heard children running about in the middle of the night.

Heather Boyd
Heather Boyd is charged with the culpable homicide of her son

Mr Knight reported the excessive noise to his local housing authority, who gave him a special device to record it.

The court heard that he had taped 70 incidents of noise coming from Ms Boyd's flat.

Mr Knight said when Ms Boyd moved out to stay with her parents around November 2007, it was "like heaven."

However, he admitted that when she returned around February last year the flat was "calmer" and he had never heard Ms Boyd hit a child.

Mr Cunningham is accused of murder by assaulting Brandon so severely on 15 March at two flats in Balunie Crescent that he died the following day in hospital.

The pair also face a charge of repeatedly and wilfully ill-treating Brandon between October 2007 and March 2008.

Ms Boyd is also accused of assaulting her son at Douglas Family Centre in Dundee on 5 March last year.

Mr Cunningham is also charged with repeatedly and wilfully ill-treating another young boy in Dundee between October 2007 and March 2008.

The trial, before Judge John Morris QC, continues.



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