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Daily Record
Daily Record
National
Alan McEwen

Murder accused's ex-girlfriend says she 'didn't have sex' with alleged stabbing victim

A woman said she didn’t have sex with a friend in her flat before he was allegedly stabbed to death her partner, a murder trial heard.

Shannon Beattie told how she’d been alone with Barry Dixon for a few hours after she’d spent the evening drinking and taking cocaine.

She said Barry was wearing boxer shorts and lying on a mattress when her boyfriend Robbie Smullen arrived home and accused them of sleeping together.

The 25-year-old mum told the court previously how she saw Smullen stab Barry, 22, in the chest.

Beattie said: “We didn’t have sex. I don’t recall having sexual intercourse with Barry. It’s something I would remember not matter how intoxicated I got.”

She told the jury didn’t call an ambulance for Barry because she couldn’t find her mobile.

Smullen, 23, is accused of murdering Barry who died in hospital on June 4 2019 after being found injured in the flat in Perth’s Tulloch area.

His mother, Mary Smullen, 46, is in the dock alongside him accused of trying to cover up his alleged involvement in the killing.

Both deny the charges against them and Robbie Smullen has lodged a special defence of self-defence at his trial at the High Court in Edinburgh.

Under questioning from advocate depute Erin Campbell on Thursday, Shannon was asked why she didn’t phone for an ambulance after Barry was stabbed.

Giving evidence over video link, she said: “I couldn’t find my phone. I didn’t know where it was.”

Shannon said she left, intending to go to her mum’s home, but stopped at the nearby flat of Jordan Walker in Nimmo Avenue after hearing loud music inside.

Finding a number of people present, the court heard she told them about the incident. “Robbie has just murdered my friend were my exact words," she said. “I was terrified, scared.

“I told Jordan to phone the police before leaving to go to my mum’s house.”

Ms Campbell asked about earlier evidence from witnesses suggesting Shannon had been “laughing, joking and appeared to be happy”.

Shannon replied: “I was in shock. I don’t remember being happy about what I had just seen.”

Ms Campbell asked: “Given what happened at your flat, why did you not make more of an effort to contact police, ambulance or do something to help Barry?”

Shannon said: “I was scared. I didn’t know what to do.”

Shannon said she was arrested by police in Nimmo Avenue after leaving her mother’s. CCTV footage shown to the jury put the time of her arrest at 3.13am, the court heard.

CCTV footage also showed Shannon and Barry together at a Co-op store at 9pm the previous evening and she confirmed they were buying alcohol.

She told the court she’d been wearing a dressing gown in her flat with Barry with her clothes on underneath.

Ronnie Renucci QC, representing Robbie Smullen, then asked Shannon about her arguing with his client during June 3 2019 over a paternity test being taken by a friend in relation to a baby.

The lawyer asked: “You said you’d reason to believe Robbie was the father?”

Shannon replied: “Yes.”

Mr Renucci asked if that was because the new baby looked like her son.

She said: “I thought that to begin with, but as time went on I started to realise it was not Robbie’s child.”

Shannon agreed she was “unhappy” that day because of her suspicions, and had given her “on/off” partner Smullen a “hard time about it”.

The court heard Shannon told Robbie and other pals to leave her Wallace Court flat after the pair fought.

Mr Renucci asked about Shannon then visiting the flat of Lesley Sweeney that evening where her friend Barry was inside.

The QC asked: “Was Barry Dixon always texting you?”

Shannon said: “We both texted each other. I wouldn’t say he was the one who always texted me. I would text him back.”

Mr Renucci asked: “Did you text Barry before going to the flat that night?”

She replied: “I definitely didn’t text him and he didn’t text me.”

Shannon confirmed Smullen, who she’s no longer in a relationship with, was unaware she and Barry texted each other.

Shannon said she “pretty drunk” by the time she met Barry after drinking throughout the day and Mr Renucci asked if she’d taken anything else.

Part of her police statement from June 5 2019 was read to the court where she told officers she’d taken “about three lines of cocaine” that evening.

Her statement added: “I think this has affected some of my recollection of what happened when I was alone with Barry.”

The jury was told Shannon and Barry stopped at one of her friend’s home then left to go to her address.

Shannon said Barry “invited himself up” and was “persistent in coming with me to my flat.”

She said they’d kissed at her pal’s home and again in her own flat.

Mr Renucci asked if the alcohol and drugs meant she couldn’t remember if she’d had sex with Barry.

Shannon replied: “We didn’t have sex. I don’t recall having sexual intercourse with Barry. It’s something I would remember not matter how intoxicated I got.”

She agreed with the QC she’d been alone with Barry for a “few hours”.

The court heard previously that Barry was wearing boxer shorts and a mattress was lying in the living room of the flat.

Shannon agreed Barry had removed clothing and was under the mattress covers.

When Smullen was using his key at the lock, Shannon said she “jumped up” and told Barry to “hide”. She said she couldn’t remember if she’d been on the mattress or the couch at the time.

The trial continues.

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