David Meehan

Background

David Meehan was a 19-year-old from Perth. He admitted murdering James Kerr, a 51-year-old Perth and Kinross Council civic officer, in a homophobic attack in a public park at South Inch Park in Perth.

Meehan’s co-accused was Martin Soutar, 21, from Perth. A 15-year-old schoolboy, who could not be named for legal reasons, also took part and sparked the attack.

The offence

James Kerr was left lying in a pool of blood in South Inch Park. He suffered major head injuries and died in hospital without regaining consciousness later that day.

The attack was described in court as a callous and brutal killing marked by a homophobic element. Meehan and Soutar punched and kicked Kerr on the head and body as he lay on the ground after Kerr had been punched in the face and knocked down by the schoolboy.

As Meehan and his accomplices left the scene, the schoolboy was heard to say that he hated "gays and poofters".

After the attack, the group went to a party nearby, where they boasted about the incident.

Investigation

A witness heard the schoolboy threatening James Kerr before using a mobile phone to call Martin Soutar, claiming that he had been assaulted.

Blood from James Kerr was later found on training shoes worn by both David Meehan and Martin Soutar.

Meehan later told a social worker he believed Kerr was a paedophile.

Arrest

David Meehan and Martin Soutar were given a lift to the park and met up with the 15-year-old before attacking Kerr.

Trial

The trial heard that the 15-year-old had claimed he met Kerr and another man in the park at around 2.30am while Kerr was taking a short cut home, after they had asked him for a cigarette. The court heard that Kerr’s companion allegedly hit the youth, and witnesses then heard the youth shout at them: "If I ever see you again, I'm going to kick your fucking head in."

The youth then admitted calling Martin Soutar on his mobile phone. Soutar arrived at the park with another friend, David Meehan. The three then began searching for Kerr.

The trial heard that Martin Soutar was drinking and had taken "two or three kicks" before stopping.

Jack Davidson QC, for Meehan, said Meehan expressed remorse and maintained that no homophobic motive was involved in the offence.

Gordon Jackson QC, for Soutar, said Soutar had been drinking and got involved by taking two or three kicks before stopping.

Mhairi Richards, defending the schoolboy, said: "He has made it plain the deceased made no sexual approach to him".

Mhairi Richards also represented the schoolboy and said, on behalf of the schoolboy, that the deceased made no sexual approach to him.

Sentencing

David Meehan pleaded guilty to murdering James Kerr. On November 12, 2007, at the High Court in Edinburgh, Lord Macphail sentenced Meehan to life imprisonment with an order that he serve at least 16 years in jail.

Lord Macphail told Meehan:

"This was a killing of a callous and brutal character which appears to have been marked by a homophobic element. This was a savage and sustained attack on a defenceless man who had done you no harm."

The judge added that Meehan was "liable to be detained for life" and said Meehan would have faced a minimum 18-year term had he not pleaded guilty. The judge also said Meehan was not guaranteed automatic release after serving the 16 years set.

The court had earlier heard that two years had been deducted because Meehan pleaded guilty, and the judge said this did not guarantee automatic release on licence within 16 years, describing Scotland’s version of parole as release on licence.

Martin Soutar pleaded guilty to culpable homicide. On November 12, 2007, Lord Macphail jailed Soutar for nine years. Soutar was ordered to serve an extended sentence for a further three years under supervision after release, to protect the public.

Lord Macphail told Soutar:

"You have admitted responsibility for contributing to killing this man."

The court heard that Soutar took keys and a cigarette lighter from Kerr’s pockets, and threw the cigarette lighter into a nearby pond. The judge said Soutar did not have the mental age needed to face a murder charge and referred to his five previous convictions, including one for assault.

The 15-year-old youth, who was too young to be named, had also pleaded guilty to assaulting Kerr and was to be sentenced later.

Appeals

No appeal information was stated.

Outcome

James Kerr died in hospital without regaining consciousness after the attack in South Inch Park in Perth.

David Meehan was sentenced to life imprisonment with a minimum term of 16 years.

Martin Soutar was sentenced to nine years for culpable homicide.

The 15-year-old schoolboy was to be sentenced after pleading guilty to assaulting Kerr.

Aftermath

The Equality and Human Rights Commission welcomed the sentences. A commission spokesperson said:

"We are glad that the judge's comments left in no doubt that this was a homophobic murder and that the sentences reflect the seriousness of the crime and the public horror at them."

The Scottish parliament was to introduce new "hate crime" legislation bringing Scottish courts into line with those of England and Wales by allowing them to increase a sentence to take overt prejudice into account, particularly over disability and sexuality.

Patrick Harvie, the Green MSP proposing the legislation, said:

"This kind of savage murder is quite rightly always going to attract a huge sentence. "If this had been committed in England or Wales, then the court would have the option of increasing the sentence to reflect that."