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Daily Record
Daily Record
National
Douglas Dickie

'It should have been murder' Family of Scot stabbed in the heart plan to appeal killer's culpable homicide conviction

The family of a Perth man who died after being knifed in the heart say they will launch an appeal against his killer’s culpable homicide conviction.

Relatives of Barry Dixon say Robbie Smullen, who was last week convicted of killing Barry, should have been found guilty of murder.

Smullen (23) had claimed the fatal injury was inflicted when Barry pulled a knife on him and they both “tripped and fell” during a struggle over the weapon.

But a jury at the High Court in Edinburgh rejected his defence of self-defence and returned a majority verdict of culpable homicide on Thursday.

His mother Mary Smullen (46) had been on trial alongside him, accused of pretending to police that Barry was stabbed by her son’s “on/off” partner Shannon Beattie.

After her son gave evidence in his own defence, she pled guilty to attempting to pervert the course of justice.

They will be sentenced on April 16.

Barry’s family have criticised the investigation into his killing and reckon more people were involved in a conspiracy to blame Shannon Beattie for the killing.

His aunt Jade Taylor also spoke of her pain at hearing a 999 call made after Barry was stabbed in court.

Robbie Smullen (Perthshire Picture Agency)

She said: “When I heard Barry screaming out in pain and fear in the background of this call, which lasted over five minutes, it was the worst trauma I’ve ever suffered.”

Jade said at that moment “I’d rather have been dead than think about the terror in Barry’s voice and it will never leave me”.

She added: “I’ve hardly slept since listening to the call and when I do, I have nightmares about what was happening to Barry during that call.”

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