A man who killed a ‘loving’ grandfather by pushing him down a flight of stairs at a busy train station has been jailed for six years.
Marc McKinlay, 38, assaulted Donald Maguire, 58, at Edinburgh’s Haymarket train station on February 20, 2020. The High Court in Edinburgh heard how McKinlay pushed Mr Maguire on his body which caused him to fall and hit his head off the ground. He later died in hospital.
McKinlay then kicked Mr Maguire’s son Brian on the body before striking him on the head with a bag containing cans of alcohol. Brian’s father later died in hospital and McKinlay was arrested after getting on a train.
The story emerged last month after McKinlay, of Cowdenbeath, Fife, was found guilty at the end of four day trial of culpable homicide. McKinlay had also pleaded guilty to assaulting Brian to his “severe injury” at the start of proceedings on Friday.
The case called again on Wednesday after being deferred for reports and judge Fiona Tait told McKinlay that jail was the only option available to her. She said: “I have read victim impact statements from Mr Maguire’s wife, son and daughter and these each describe in moving terms the understandable loss that Mr Maguire’s death has had upon them.
“There is no sentence which the court can impose that can bring Mr Maguire back to his family or indeed reflect his loss. It is accurate in these circumstances that a custodial sentence is the appropriate disposal in this case.”
Mr Maguire died from his injuries at the Western General Hospital in Edinburgh on March 4, 2020. The Scottish Sun last year reported that Mr Maguire’s daughter Lynsey wrote a tribute to her father. She said: "My dad for those who didn’t know him was the life and soul of the party, the man who would help others when no one else would, a man who would never be at home for too long....because life was for the living.
"But most importantly, a loving husband, an incredible dad, the best grandad and brother that any of us could of ever, ever asked for. No words can truly explain what an unbelievable man he was and is.”
During proceedings, the court heard how Mr Maguire and his son had been enjoying a night out in Edinburgh. They had both gone to Haymarket station to catch a train back home.
Eyewitnesses told the court that that Mr Maguire and his son came into contact with McKinlay, who was also there to catch a train. One witness said she thought McKinlay was drunk.
Personal assistant Katie McCulloch, 40, was returning home from a work’s night out when she came face to face with McKinlay on the train. She had earlier witnessed the incident involving Mr Maguire and his son.
She told Mr McLean: “I remember feeling quite frightened. He was carrying some beers. I thought he was drunk. He was swearing. He was saying ‘oh for f**k’s sake, he’s a f*****g a******e’. I backed away as he swayed onto the platform.”
Ms McCulloch also told the court about McKinlay’s attitude when police officers told him to get off the train. She said she sat close by as he spoke to police officers. She added: “He said ‘for f**k’s sake here we go’. He was huffing and puffing. He was a bit reluctant to get off the train.
“I remember him pointing back towards his beers. He seemed to be more concerned about his beers than what happening on the stairs.” Travel agency worker Connie Dalrymple ,29, told Mr McLean of the moments after Mr Maguire was assaulted.
She said: “When he fell we heard his head crack. He lay just still. He didn’t move. We thought it was quite serious.” She said she and her partner gave Mr Maguire CPR and put him into the recovery position. She phoned 999.
Speaking about McKinlay, Ms Dalrymple added: “He ran past us and got on the train.” On Wednesday, defence solicitor advocate Iain McSporran QC told judge Tait that McKinlay assaulted Mr Maguire in the “heat of the moment”. He said McKinlay didn’t set out to kill Mr Maguire and asked for this to be taken into account with the sentence.
Mr McSporran added: “There is nothing I can say or anything I can do which can alleviate the loss felt by Mr Maguire’s family. Mr McKinlay full accepts that only a custodial sentence is appropriate. He has expressed his clear remorse for the loss of Mr Maguire in the circumstances.”
Judge Tait also gave McKinlay 15 months for assaulting Brian Maguire. However, she ordered that the sentence run concurrent to the six year term.
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