A jury has retired to consider its verdict in the trial of a man accused of stabbing a Scot to death in a Perth flat.
Robbie Smullen is accused of murdering 22-year-old Barry Dixon who died in hospital after suffering a stab wound to the heart.
The jury was sent out at 11.10am on Wednesday after judge Lady Carmichael delivered her charge to them.
Smullen, 23, denies assaulting Barry in Perth’s Wallace Court, striking him on the body with a knife or similar instrument, and murdering him on June 4 2019.
Smullen has lodged a special defence of self-defence.
His mother Mary Smullen, 46, had been on trial alongside him, accused of pretending to police that Barry was stabbed by her son’s partner Shannon Beattie.
After her son gave evidence in his own defence yesterday, she pled guilty to attempting to pervert the course of justice and left the dock.
Robbie Smullen told the court how he’d arrived at the Wallace Court flat he shared with Shannon, 25, and found her with Barry.
He said Shannon went into the bathroom while he found Barry in the living room wearing just boxer shorts and believed the pair had been “having sex”.
Smullen told the jury that Barry attacked him when they were alone, producing a knife and “trying to stab me”.
He said Barry suffered the fatal wound after they both “tripped and fell” during a struggle over the weapon.
The court previously heard evidence from Shannon who said she witnessed Smullen stab Barry as the pair fought.
In her closing speech to the jury yesterday, advocate depute Erin Campbell said Shannon stated she witnessed the stabbing and never saw Barry with a knife.
Ms Campbell said it was “somewhat unlikely Barry Dixon would have been armed” given he was wearing only boxer shirts and had been surprised by Robbie Smullen’s sudden arrival.
She suggested Smullen had used a knife “not in self-defence but in a violent attack”.
Regarding any belief that Smullen had about his partner being unfaithful, Ms Campbell added “discovering your partner is cheating on you is not carte blanche to murder.”
In his closing address to the jury, Ronnie Renucci QC, defending Smullen, said Shannon could not be considered a “credible and reliable witness”.
Mr Renucci said “Barry Dixon’s death happened while they were in a struggle” with Smullen acting in self-defence.
The trial continues.
