A MAN who ate a bowl of cereal after inflicting a fatal wound with his female accomplice on a "kind and generous" man in his home has been jailed for 10 years.
Jason Mooney, 28, and Lynn Kelly, 35, took 38-year-old Christopher Cowie’s life following a confrontation at his property in Golfdrum Street, Dunfermline, on October 15, 2019.
The High Court in Edinburgh heard how the mum-of-one smashed a mirror over Mr Cowie’s head.
Mooney then grabbed a triangular piece of glass from the destroyed reflector and then stabbed it into Mr Cowie’s knee, causing him to bleed to death.
A jury heard how the pair didn’t get help for Mr Cowie, who witnesses say spent his final moments pleading for help.
Instead, Mooney went into Mr Cowie’s kitchen and had some breakfast.
At earlier proceedings, jurors convicted Mooney and Kelly, of Dunfermline, on a charge of murdering Mr Cowie. However, they found the duo guilty of the lesser charge of culpable homicide.
The verdicts came on the second day of deliberations for jurors. Both accused had denied murdering Mr Cowie.
Today (Wednesday), Lord Beckett told the pair that the only sentence available to him was custody.
Jailing Kelly for four years and six months, Lord Beckett said: “I must take account of information from Mr Cowie’s family. It is clear that he was a kind and generous man. You killed him and his family have lost forever a man they loved deeply. The extent of their loss and suffering is made clear in his mother’s statement.
“None of this would have happened if you were not addicted to drugs – it is not mitigating that you were intoxicated when you killed Mr Cowie.
“Instead of calling 999 for an ambulance as any reasonable person would have done, you Mr Mooney, helped yourself to food from Mr Cowie’s kitchen and you busied yourself stealing from a dying man’s home thinking only about buying more drugs and evading responsibility for your actions.
“Nor do I view your inept first aid performance to be particularly mitigating Mr Mooney because it was bound up by you preventing anyone else calling 999.
“You also used intimidation to prevent any medical help from being sought. If you had any real concern for Mr Cowie you would have immediately called for an ambulance which might have saved his life. But you chose not to as you knew you would be held accountable.”
Sentence on the pair had been deferred to today for the court to obtain reports.
The court heard how the pair had been at Mr Cowie’s home earlier in the evening.
Kelly and another woman were trying to buy drugs from another man but didn’t have enough cash to satisfy their needs.
Ms Kelly contacted Mr Cowie because she thought he would be able to lend her money. She then left Mr Cowie’s home in Golfdrum Street, in Dunfermline, to buy the narcotics.
However, she returned with Mr Mooney and an incident happened in which Mr Mooney assaulted Mr Cowie.
Mr Jessop explained his position in his closing speech to jurors. He said: “It is the Crown’s case that Jason Mooney had Christopher Cowie in a headlock and deliberately punched and stabbed Christopher Cowie with the glass in the left thigh.
“Lynn Kelly must have seen Jason Mooney with a Stanley blade during the incident.”
The court heard that in the moments before being stabbed, Mr Cowie accused Mooney of stealing his phone and Mooney admitted putting it in his pocket.
Mr Cowie asked him to leave but he didn't. The men got into a struggle and Kelly stepped in and was caught by a punch.
Mooney started going "mental" and said: "I'm going to smash you". Witnesses saw him holding a Stanley blade towards Mr Cowie. Mr Cowie told him to "put the f*****g knife away".
Kelly picked up a mirror and hit Mr Cowie over the head with it. The mirror smashed. Mooney then struck him with a lamp. Mooney put him in a headlock and Kelly punched him.
Witnesses then saw a pool of blood on the floor. Mr Cowie then pleaded for help but neither Mooney nor Kelly phoned for an ambulance.
Instead, they took items from his home – these included an Xbox games console, a laptop, Kindle tablet, hoover, watches, a holdall and bank cards.
Mooney also went away and made himself a plate of cereal.
The court heard that police later arrested the pair. Mr Cowie's mobile phone was in Mooney's possession when he was arrested. Other items, such as watches, were found in Mooney's room at a hostel.
Mooney later told police that he and Kelly had taken drugs on their way to the house. Mooney claimed that he did not stab Mr Cowie and said the wound to his leg must have been accidental.
The court heard how Mr Cowie was found to have suffered numerous, recent blunt force injuries. Embedded in his leg wound was the piece of glass.
Mooney also had injuries to his hand which were consistent with him holding a piece of glass.
The stab wound to Mr Cowie damaged a major artery and vein. Mr Jessop said in the aftermath of the attack, Mooney refused to call for medical help and refused to allow others to do so.
Advocate John Scott QC told the court today that his client, Mooney, maintained his position from the trial – that he was innocent of any wrongdoing.
He added: “He has shown a degree of empathy.”
However, Lord Beckett told the pair that they both had to go to prison.
He added: “In both your cases there is no alternative to substantial sentences of imprisonment.”
Detective Inspector Paul Dick, senior investigating officer from Dunfermline Police Station, said: “My thoughts continue to be with Mr Cowie’s family and friends who have shown considerable strength over the past 19 months.
“Mooney and Kelly have always failed to admit that their actions, and the level of violence used, cost Mr Cowie his life. He spent his final moments pleading for help but the pair decided to leave him alone to suffer.
“This was a particularly difficult crime to investigate. I would like to thank the witnesses and those who assisted police inquiries and understand that the effects of such violent events are felt by whole communities. Violent crime has no place in society and we continue to work hard to bring offenders to account for their crimes.”
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