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Vicky experienced 'violent death' Vicky experienced 'violent death'
(about 3 hours later)
A leading pathologist has told the Vicky Hamilton murder trial that bruising found on the schoolgirl's body suggested that she met a violent death.A leading pathologist has told the Vicky Hamilton murder trial that bruising found on the schoolgirl's body suggested that she met a violent death.
The jury was told bruising or discolouration was found on her chest and back.The jury was told bruising or discolouration was found on her chest and back.
It also heard that marks on her hand suggested she tried to defend herself.It also heard that marks on her hand suggested she tried to defend herself.
Peter Tobin denies the abduction and murder of the 15-year-old in Bathgate in 1991 and has lodged a special defence of alibi. Peter Tobin denies the abduction and murder of the 15-year-old in Bathgate, West Lothian, in 1991 and has lodged a special defence of alibi.
Professor Anthony Busuttil carried out a second post-mortem examination on Vicky's body in November last year.Professor Anthony Busuttil carried out a second post-mortem examination on Vicky's body in November last year.
His work followed an earlier post-mortem examination in England, which was carried out by Home Office pathologist Dr David Rouse after her remains were found in a back garden in Margate, Kent.His work followed an earlier post-mortem examination in England, which was carried out by Home Office pathologist Dr David Rouse after her remains were found in a back garden in Margate, Kent.
Professor Busuttil said he found bruising, about the size of a hand, on her chest and discolouration suggesting bruising on her back.Professor Busuttil said he found bruising, about the size of a hand, on her chest and discolouration suggesting bruising on her back.
Defend herselfDefend herself
He also noted a haematoma on her hand between the thumb and index finger.He also noted a haematoma on her hand between the thumb and index finger.
He told the court that it suggested a violent episode at the time of death.He told the court that it suggested a violent episode at the time of death.
Solicitor General Frank Mullholland QC put it to the professor that the 15-year-old had been lying on the floor with someone's knee on her chest and with her neck being compressed, and that she had been trying to defend herself with her right hand. Solicitor General Frank Mullholland QC, prosecuting, put it to the professor that the 15-year-old had been lying on the floor with someone's knee on her chest and with her neck being compressed, and that she had been trying to defend herself with her right hand.
Professor Busuttil agreed that the bruising would be consistent with that hypothesis.Professor Busuttil agreed that the bruising would be consistent with that hypothesis.
There was not a single, solitary scrap of other evidence anywhere that you saw to show that this girl was strangled or throttled Donald Findlay QC During cross-questioning by defence counsel Donald Findlay QC, the professor agreed it was "possible" that the mark on Vicky's chest was caused by the degenerating process after death.
He also agreed that the bruising to her chest and back played no part in the "mechanism" of her death.
Mr Findlay said: "The neck, the hands, the bruising front and back, none of that bruising of itself had any part to play in this girl's death?"
"That's right," Prof Busuttil replied.
The first pathologist to examine Vicky's remains, Dr Rouse had said apparent bruising of her neck might indicate that she died from neck compression.
However, Prof Busuttil said he could not make that finding. The mark had either never been there or had disappeared after the original post-mortem examination, he said.
He also agreed that such a mark was rare in cases of strangulation or throttling.
Mr Findlay asked the witness: "There was not a single, solitary scrap of other evidence anywhere that you saw to show that this girl was strangled or throttled?"
"Nothing that I could find," he replied.
Jurors were also told that traces of the anti-depressant drug amitriptyline was discovered in Vicky Hamilton's remains and that she had been the victim of a serious sexual assault.
Earlier in the trial the court had heard how the accused had been prescribed amitriptyline.
Prof Busuttil told the court: "If these were taken for the first time, or in large doses they may cause confusion, you don't know where you are, they may cause disorientation or may cause you to lose consciousness entirely."
He also told the court that the drug would alter to some extent the reactions of the person but would not affect the bruising or any of the blunt injuries on Vicky Hamilton's body.
Charges
Mr Tobin is accused of abducting Vicky and taking her to Robertson Avenue in Bathgate, West Lothian, on 10 February, 1991, which the Crown alleges was then occupied by him.Mr Tobin is accused of abducting Vicky and taking her to Robertson Avenue in Bathgate, West Lothian, on 10 February, 1991, which the Crown alleges was then occupied by him.
The charge also alleges that there or elsewhere he drugged her, struggled with her, compressed her neck, indecently assaulted her and murdered her.The charge also alleges that there or elsewhere he drugged her, struggled with her, compressed her neck, indecently assaulted her and murdered her.
He is also accused of attempting to defeat the ends of justice.He is also accused of attempting to defeat the ends of justice.
It is alleged that he concealed Vicky's body and removed and disposed of a number of items of her clothing and footwear.It is alleged that he concealed Vicky's body and removed and disposed of a number of items of her clothing and footwear.
He is also accused of cutting her body in two and wrapping it in coverings and bin bags.He is also accused of cutting her body in two and wrapping it in coverings and bin bags.
Then, allegedly aware that police were conducting a missing person's inquiry, Mr Tobin is said to have put Vicky's purse under a portable cabin to mislead police into believing she had run away from home.Then, allegedly aware that police were conducting a missing person's inquiry, Mr Tobin is said to have put Vicky's purse under a portable cabin to mislead police into believing she had run away from home.
Mr Tobin denies all the charges against him and has lodged a special defence of alibi, saying that between 1700 GMT and midnight on 10 February, 1991, he was in the Portsmouth area and was thereafter travelling to Scotland, arriving in Edinburgh at 0630 GMT the following day.Mr Tobin denies all the charges against him and has lodged a special defence of alibi, saying that between 1700 GMT and midnight on 10 February, 1991, he was in the Portsmouth area and was thereafter travelling to Scotland, arriving in Edinburgh at 0630 GMT the following day.
The trial, before Lord Emslie, continues.The trial, before Lord Emslie, continues.