The prosecutor in the Shetland murder trial has called on the jury to convict a man and his alleged accomplice of a “truly dreadful” murder of Tracy Walker.
Steven Borthwick told jurors that there was enough evidence available to satisfy them that Ross MacDougall, 32, and Dawn Smith, 29, murdered Tracy Walker in Lerwick, Shetland, in July last year.
Mr Borthwick said the evidence suggested MacDougall killed her with a fish-filleting knife and Smith stood and watched for 10 minutes as Ms Walker died.
The High Court in Edinburgh heard Mr Borthwick say on Wednesday that the two accused planned to rob Ms Walker in a bid to obtain cash to buy drugs.
The advocate depute said: “The Crown case is that Tracy Walker was killed by Ross MacDougall with a fish filleting knife which she took from her step father’s house.
“Dawn Smith stood and watched for 10 minutes as Tracy Walker gargled.
“Neither Dawn Smith or Ross MacDougall raised a finger to call for help or to phone for an ambulance. “
MacDougall and Smith deny murdering Ms Walker on July 30 2019 at Ladies Drive in Lerwick.
Mr Borthwick told the jury that the Crown believed that the pair wanted to buy drugs but didn’t have enough cash – but learned that Ms Walker had money.
Mr Borthwick also said that Smith didn’t do anything to help Ms Walker in the aftermath of the alleged assault.
He added: “The evidence suggests that for 10 minutes she stood and watched Tracy Walker die.”
The advocate told the jury that although MacDougall physically assaulted Ms Walker, Smith could also be held responsible for murdering her.
He said the evidence showed that the pair had acted “in concert” with each other by planning to rob Ms Walker and that Smith provided MacDougall with the weapon used to assault the alleged victim.
He said he believed this showed they were engaged in a “joint criminal enterprise” and this would allow the jury to return a guilty verdict against Smith on the murder charge.
Mr Borthwick added: “It is my submission that when you consider all the evidence you will come to the conclusion that both Ross MacDougall and Dawn Smith are guilty of the murder of Tracy Walker.”
MacDougall’s lawyer Brian McConnachie QC told the jury they should acquit his client.
He said: “You know Tracy Walker was attacked and her throat was cut with a knife.
“You know she was something like five feet two inches and barely over six stone – if Ross MacDougall wanted to take her money or take drugs that is something you may think he could have achieved without any weapon.”
Mr McConnachie said that a knife left at the scene was that of Smith’s step father.
The court had earlier heard evidence which suggested MacDougall had been wearing a Chelsea FC football top on the night of the alleged murder.
He added: “Not a single drop of that blood makes its way onto the Chelsea top recovered from Mr MacDougall’s house.”
Paul Nelson, for Smith, said: “The one and only person responsible for that death sits in the dock – Ross MacDougall.
“Dawn Smith was not acting with him. He, and he alone, decided to attack Tracy Walker.”
Prosecutors claim that on July 30 2019 at Ladies Drive, Smith had “without reasonable excuse or lawful authority” a knife.
The second charges alleges that on the same date at the same location, MacDougall and Smith assaulted Ms Walker and inflicted “blunt force trauma to her head by means unknown”.
It’s also alleged that the two accused compressed her neck with their hands and that they struck her repeatedly on the neck and hand with “a knife or similar instrument.”
Prosecutors claim that the two accused attempted to rob her of money and that they “did murder her.”
