Brandon and accused 'got on well'

Brandon Muir died after his intestine ruptured

A man accused of killing the young son of his girlfriend has told a trial he got on "brilliant" with the toddler.

Robert Cunningham was giving evidence at the High Court in Glasgow where he is accused of murdering 23-month-old Brandon Muir in March last year.

Brandon's mother Heather Boyd, 23, who was accused of her son's culpable homicide and ill-treating him, was cleared on Wednesday of all charges.

Mr Cunningham, 23, denies murdering Brandon at his home in Dundee.

Giving evidence on his own behalf, he said he did not mistreat the toddler.

He claimed that in the hours before Brandon died, Ms Boyd had smoked heroin in her living room as her son lay on the sofa.

The 18-day trial has been told that Brandon died on 16 March 2008 after suffering a "massive blow" to his abdomen.

Mr Cunningham told the court he began a relationship with Ms Boyd at the beginning of February last year.

He said he got on "brilliant" with Brandon but did not consider himself to be his parent as he had "just met" Ms Boyd.

I was panicking in case he choked on his sick. He was trying to go to sleep with sick in his mouth

Robert Cunningham

The trial was told that Brandon repeatedly vomited brown liquid the evening before he died while he was being looked after by Mr Cunningham in his sister's flat.

Mr Cunningham said Ms Boyd had gone to visit her uncle in the Hilltown area.

He said he tapped the child's face to prevent him from falling asleep with vomit in his mouth.

He said: "I was panicking in case he choked on his sick.

"He was trying to go to sleep with sick in his mouth."

Mr Cunningham said he did not call a doctor because he did not have Brandon's date of birth and medical records.

He said: "I just thought it was up to Heather because it was her son."

The court heard that Ms Boyd returned at 2311 GMT and the pair later went back to their flat, where Ms Boyd told police she checked on Brandon through the night.

An ambulance was called at 0424 GMT the next day and Brandon was taken to Ninewells Hospital where he was declared dead.

'Considerable force'

Mr Cunningham denied being violent towards Brandon and avoiding getting medical help for him in case doctors discovered what he is alleged to have done.

Prosecutor James Wolffe QC said: "I'm putting it to you that you pushed Brandon with considerable force towards the wall or floor, that Brandon struggled and that you assaulted him in that way. You say that didn't happen?"

Mr Cunningham replied: "Yes."

Mr Wolffe continued: "Is the truth not that you didn't call a doctor because you were worried what a doctor would find?"

To which Mr Cunningham replied: "No."

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

He also faces a charge of repeatedly and wilfully ill-treating Brandon between October 2007 and March 2008.

Mr Cunningham is also accused of repeatedly and wilfully ill-treating another young boy at properties in Dundee between October 2007 and March 2008.

He denies all the charges.

The trial continues.