Irving gives evidence at trial of father's death

Jul 3 2009 by Our Correspondent, Dumfries Standard Friday

A SON broke down in court as he relived the night his dad was fatally injured in the centre of Dumfries.

Mark Irving, 25, bass guitarist with dance musician Calvin Harris’s band, was giving evidence on Wednesday at the first day of the trial of two men accused of killing his father Michael, on May 18, last year, near the White Hart pub in Dumfries.

Phillip Dick, 20, of 1 Connolly Court, Troqueer, Dumfries, and Gavin Laurie, 20, of 32 Calside Road, Dumfries, deny killing 59-year-old Mr Irving by repeatedly punching and striking him on the head and body and causing him to fall to the ground whereby he struck his head and was so severely injured he died on August 15 last year.

They have both lodged special defences of incrimination against Mark Irving.

Dick has also lodged another special defence of self-defence.

In a voice breaking with emotion, Mark Irving told prosecutor Kevin McCallum that he, his dad and his younger brother Scott, 22, decided to have an impromptu night out in local pubs.

The court was told the three ended up in the White Hart pub in Brewery Street in the early hours of the morning.

He said he was talking to a friend inside the pub and his dad and brother were outside in the smoking area.

Mr Irving said he was alerted to an incident involving his dad.

He told advocate depute Mr McCallum: “I saw my dad get pulled and get punched by someone and then he just hit the ground.”

Mr Irving told the court he saw Dick punching his dad and said Laurie was trying to grab his dad.

He was asked by Mr McCallum: “Did you see your father do anything?” and he replied: “No”

Mr McCallum then said: “Did you become aware of a suggestion you had hit your father?” and he replied: “Yes. One of the police officers got hold of me and said that.” When asked if he had done that he replied: “No.”

Mr Irving said doctors at the hospital told him it was one of the most severe head injuries he had suffered.

His dad was later transferred to the Southern General in Glasgow.

Giving evidence in the second day of the trial yesterday, film and media student Eleanor Richmond said that she told Mark Irving that his father and brother were in a fight outside the White Hart.

Miss Richmond, 21, from Dumfries, told the court that seconds before she had seen Scott and Michael Irving jostling with two men. She said punches were thrown but was “not sure if they landed”.

She said she went to get Mark Irving and they both ran towards the melee and Michael Irving was on the ground.

She said she didn’t see what caused him to fall and that she never saw him get up.

When asked if he had been hit by Mark Irving she replied: “No.”

The trial before Judge Lord McEwan continues.