A MAN has been jailed after being convicted of killing a grandfather by pushing him down a flight of stairs at a busy train station.
Marc McKinlay, 38, assaulted Donald Maguire, 58, at Edinburgh’s Haymarket train station on February 20 2020.
The High Court in Edinburgh heard how McKinlay pushed Mr Maguire on his body which caused him to fall and hit his head off the ground. He later died in hospital.
McKinlay then kicked Mr Maguire’s son Brian on the body before striking him on the head with a bag containing cans of alcohol.
Brian’s father later died in hospital and McKinlay was later arrested after getting on a train.
The story emerged today after McKinlay, of Cowdenbeath, Fife, was found guilty at the end of four day trial of culpable homicide.
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McKinlay had pleaded guilty to assaulting Brian to his “severe injury” at the start of proceedings on Friday.
Judge Fiona Tait remanded McKinlay in custody ahead of his sentencing hearing next month.
Speaking about a request made by McKinlay’s lawyer Iain McSporran QC, to continue his client’s bail, judge Tait said: “I have been asked by Mr McSporran to continue your bail.
“But having regard to the nature of these convictions, I am not prepared to continue bail and I will remand you in custody for the preparation of reports.”
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Mr Maguire died from his injuries at the Western General Hospital in Edinburgh on March 4, 2020.
Mr Maguire’s daughter Lynsey wrote a tribute to her father last year.
She said: “My dad for those who didn’t know him was the life and soul of the party, the man who would help others when no one else would, a man who would never be at home for too long….because life was for the living.
“A successful business man always sharing his best advice. A highly respected free mason – recognised by many.
“But most importantly, a loving husband, an incredible dad, the best grandad and brother that any of us could of ever, ever asked for.
“No words can truly explain what an unbelievable man he was and is.”
During proceedings, the court heard how Mr Maguire and his son had been enjoying a night out in Edinburgh.
They had both gone to Haymarket station to catch a train back home.
Eyewitnesses told the court that that Mr Maguire and his son came into contact with McKinlay, who was also there to catch a train.
One witness said she thought McKinlay was drunk.
Architect Hugo Target, 35, told prosecutor David McLean that he was commuting home to Fife when he witnessed the incident.
He said he saw Mr Maguire fall backwards and that he landed on his back and “bashed his head”.
He then said he saw Mr McKinlay strike Brian.
Mr Target added: “Following that, I saw the man carrying the plastic bag swing his arm with the plastic bag and it hit the son on the face.
“There was some punches after that. I helped to separate them. I said something along the lines of ‘that’s enough’; and I pulled the man with the plastic bag off the son.
“He then went downstairs and got on a train – it was the same train that I got on. Two officers then came on and took him off it.”
Personal assistant Katie McCulloch, 40, was returning home from a work’s night out when she came face to face with McKinlay on the train.
She had earlier witnessed the incident involving Mr Maguire and his son.
She told Mr McLean: “I remember feeling quite frightened. He was carrying some beers. I thought he was drunk. He was swearing. He was saying ‘oh for f**k’s sake, he’s a f*****g a******e’.
“I backed away as he swayed onto the platform.”
Ms McCulloch also told the court about McKinlay’s attitude when police officers told him to get off the train. She said she sat close by as he spoke to police officers.
She added: “He said ‘for f**k’s sake here we go’. He was huffing and puffing. He was a bit reluctant to get off the train.
“I remember him pointing back towards his beers. He seemed to be more concerned about his beers than what happening on the stairs.”
Travel agency worker Connie Dalrymple,29, told Mr McLean that she saw a “bit of a fight” involving the three men.
She said she had been returning from a night out with her boyfriend when she saw the altercation just before 10pm.
She said: “It happened so quickly. I was a bit shaken up. We saw the accused hit the young guy with a bag in the face. We saw the older man getting pushed.
“When he fell we heard his head crack. He lay just still. He didn’t move. We thought it was quite serious.”
She said she and her partner gave Mr Maguire CPR and put him into the recovery position. She phoned 999.
Speaking about McKinlay, Ms Dalrymple added: “He ran past us and got on the train.”
McKinlay did not give evidence in his defence and his lawyer Mr McSporran urged jurors to acquit his client.
However, the jurors returned a guilty verdict to a charge of culpable homicide.
McKinlay will be sentenced for the charge and for assaulting Brian at the High Court in Edinburgh on August 3 2022.