Closing submissions over Jean Campbell park murder
A judge has heard closing submissions in the case of a man accused of murdering Jean Campbell at Cranhill Park in Glasgow.
Advocate depute Alex Prentice QC urged Lord Matthews to find that the 53-year-old was killed by Paul Ward.
But defence QC Donald Findlay said there was "not a scrap of evidence" that Mr Ward had killed Mrs Campbell.
The 21-year-old is accused of murdering Mrs Campbell by repeatedly striking her on the head and body with a dog lead.
He is also accused of inflicting further injuries on her in the park on 13 December, 2013.
He is deemed unfit to stand trial and is currently in the State Hospital at Carstairs.
Evidence was being heard at an examination of facts hearing, at the end of which, judge Lord Matthews, will determine if Mr Ward committed the offence.
He will give his decision next Friday.
During his closing submission Mr Prentice said: "This was a sustained and ferocious attack. What is unusual is that the injuries sustained came from the dog lead."
The hearing, at the High Court in Glasgow, heard that Mrs Ward suffered 11 broken ribs, a broken leg and was hit at least 15 times with the dog lead.
The prosecutor added: "I would invited your lordship to conclude that Jean Campbell left her home at around 10.30pm on December 13, 2013, with her dog Kai.
"She was filmed by a CCTV camera in Bellrock Street walking with her dog in the direction of the entrance to the park."
He said: "The Crown never has to prove motive, but in this case there is evidence which would point to a motive on the part of Paul Ward.
"Prior to Mrs Campbell's death he had said words to the effect of: 'She's always hitting the dog and he said to a witness 'How would she like it if I did that to her?'
"This is a circumstantial case. The dog lead was used on many occasions to hit Mrs Campbell - as many as 15 times.
"When Mr Ward was questioned by police he reacted to being quoted what he had said about Mrs Campbell by looking up and staring at him."
Mr Prentice said that screams were heard about 23:00, along with a dog barking and after that he claimed Mr Ward went into number 5, Crowlin Crescent, Cranhill, to see his friend Thomas Leyden.
The prosecutor said: "He was out of breath."
He asked Lord Matthews to find that Ward had murdered Mrs Campbell or that he had killed her due to diminished responsibility caused by an abnormality of mind.
Defence QC Donald Findlay in his closing submission said: "The Crown case is flawed."
He added: "There are a lot of unanswered questions. The overwhelming body of evidence shows that Paul Ward was not the attacker, because he was already in 5 Crowlin Crescent visiting his friend Thomas Leyden.
"If we accept the Crown evidence about the scream then Mrs Campbell is still alive when Paul Ward goes into 5 Crowlin Crescent.
"What is more significant is he hasn't changed his clothes before going into the Leyden's house at 5 Crowlin Crescent.
"There is no sign that his clothes are dirty or his shoes are muddy. He is his normal self. There is nothing to suggest he had been at the scene where the body was found."
Mr Findlay added: "There is not a scrap of evidence that his clothes were dirtied by the dog. He also had no scratches or bites from the dog."
He said the Crown insisted that Mrs Campbell was not sexually assaulted, although she had an injury to her private parts and her pyjama bottoms had been removed.
Mr Findlay said: "The Crown have left open the possibility that this was sexually motivated for no other reason than why pull off her lower clothing."
Judge Lord Matthews said: "I have to approach this as a jury. "
He said that he would have to be satisfied beyond a reasonable doubt before he could determine that Ward had killed Mrs Campbell.