A missing woman was raped by the man who allegedly murdered her years later, a trial heard today.
Patricia Henry, 46, was allegedly killed by George Metcalff, 72, known as Kenny, at a flat in Girvan, Ayrshire, on November 17, 2017.
Prosecutors claim Metcalff attacked the mum by “means unknown”.
Metcalff is also charged with attempting to defeat the ends of justice between the day of the alleged murder and February 22, 2018.
This lists an accusation that he did “conceal and dispose” of Patricia’s body again by unknown means.
The indictment features a number of other charges including the rape of Patricia and a further three women.
The court heard from Patti’s stepmother Catherine Henry, 67, who told jurors that she received a phone call from a sobbing Patti around 2008.
Prosecutor Alex Prentice QC asked what Patti said.
She replied: “Come up, come up, I’m in Kenny’s house, Kenny raped me and I said I would be there shortly.”
Miss Henry said Metcalff opened the door for her and she found Patti lying under covers on a couch in the living room.
She said: “When Patti realised I was there she got up and said ‘Oh Catherine, oh Catherine, he raped me’.
“She said go and check the bedroom.”
Miss Henry said Metcalff “didn’t react” to the accusation before she went into a bedroom.
The witness said that the bedroom was strewn with clothes and there was an “explosion of underwear.”
Miss Henry stated she told Patti to get ready to back to her house.
She added: “Kenny said that it was consensual.
“I thought that he was a nice neighbour and helped her – I was in shock.
“I said lets go and I slapped [Kenny] and he stood up to get me.
“Patti jumped off the couch to protect me from him.
“He didn’t touch me but I believe he would have if she didn’t protect me from him.”
Miss Henry claimed she stayed up with Patti until 4am talking about the alleged rape.
Mr Prentice asked if Patti changed her mind about being raped.
She replied: “She still insisted that’s what happened.”
Miss Henry said she last heard from Patti in November 2017 when she said she was scared about where she was living.
Iain McSporran QC, defending, put it to Miss Henry that she may be mistaken about whether Patti changed her mind about if she was raped or not.
The advocate put Miss Henry’s police statement from March 2018 to her.
It read: “Patti seemed really upset saying Kenny was her only friend to rely on and helped her when in trouble.
“Patti kept changing her mind saying one moment he raped her then saying he didn’t rape her.”
Mr McSporran asked why it was in her statement and Miss Henry replied: “I don’t know.”
He then said: “There is only one possible you would say that to the police.”
Miss Henry replied: “Yes, that she said it.”
Patti’s cousin Jacqueline McCarthy, 54, told jurors that she reported her missing three months after an initial report.
She claimed that she went to Metcalff’s house with her aunt and Patti’s daughter Alana in March 2018.
Miss McCarthy stated the visit was to get some of Patti’s belongings in order to get DNA for the police.
She claimed she was told by Metcalff that the only belongings he had taken from Patti’s property in Girvan were photographs.
Miss McCarthy said: “He told my sister that he put everything else in a skip.”
She later stated: “He didn’t say how are things going.
“We referred to the police inquiry for the DNA but he never said to Alana how it going which is strange to me.”
Miss McCarthy claimed Metcalff also “hesitated” when asked if he had Patti’s property.
The court heard from Patti’s nephew Stephen Henry, 31, who told jurors he was told by her that Metcalff tried to rape her.
A police statement he gave in 2018 about the incident which allegedly happened in 2013 or 2014 was put to him.
It read: “She said she was staying over at Kenny’s and she was sleeping in his bed.
“Kenny climbed in beside her.
“This woke her up and she felt Kenny beside her.
“He was touching her places he shouldn’t be. Patti didn’t say and I didn’t ask her.
“He then got a wee bit forceful as she tried to get up and pulled her back in bed.
“She didn’t say anything else about trying to get away but with Patti’s size and stature she would have fought anyone off.”
The trial continues before judge Lord Armstrong.