An Inverness businessman who collapsed and died after an alleged dog lead attack by his neighbour had such significant heart disease he could have had a heart attack at any time.
But a forensic pathologist who carried out a post-mortem on 55-year-old garage proprietor John Birrell the day after his death on August 17 2020 said that “there could be a link” between the stressful altercation he had and his cardiac arrest.
Dr Leighanne Deboys was giving evidence on the third day of the High Court trial in Inverness of 66-year-old retired eye surgeon Hamish Towler.
Towler denies the culpable homicide of Mr Birrell by blocking the Birrell’s van’s path, hitting it with the dog lead, before striking Mr Birrell on the face with it.
It is stated Mr Birrell suffered a cardiac arrest and died as a result.
Towler, of Carn Mhor, Blackpark, also denies a breach of a bail condition restricting his movements on the access road to their neighbouring properties.
Towler, who is represented by Shelagh McCall KC, has lodged a special defence of self-defence.
He claims Mr Birrell verbally abused him and punched him several times.
Dr Deboys said: “A stress response is where the adrenaline increases which gets the heart rate increasing but there is insufficient oxygen and this can trigger a cardiac response.
“He had such heart disease that he could have had a heart attack at any time. But additional strain is placed on the heart in stressful situations.”
Under cross-examination by Ms McCall, she said she could find no injuries on Mr Birrell consistent with a blow by a dog lead to his face or a punch to his stomach which has been alleged by family members in previous evidence.
The doctor also agreed that Mr Birrell could have had an attack-causing blood clot which wasn’t found as it may have been cleared by the CPR applied after his collapse on the patio of his home at Blackpark House.
She also confirmed that Mr Birrell could have had a sudden rhythm problem with his heart which again, Dr Deboys said, she would not have discovered evidence post-mortem.
Medical examiner shown photos of marks
Forensic medical examiner Dr Hannah McKinley told the jury she carried out a check on any injuries on Towler on August 17 after his arrest.
She said he did not complain of pain on his chest or shoulder but of back pain.
Ms McCall showed her defence photographs taken of her client on August 20 and 21 which showed extensive marks on his chest, collar bone and shoulder area.
Dr McKinley agreed they could be bruises but was unhappy with the quality of the photographs.
She agreed that bruises take some time to develop and change colour after a period of time but there was no way of telling when they originally occurred.
The trial, before Lord Fairley, will not sit on Monday and resume on Tuesday.
